The Myth of Judicial Activism: Making Sense of Supreme Court DecisionsYale University Press, 1 янв. 2008 г. - Всего страниц: 262 Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nineteenth century's great cotton boom required vast human labour to bring new lands under cultivation, and many thousands of slaves were torn from their families and sold across state lines in distant markets. Shocked by the cruelty and extent of this practice, abolitionists called upon the federal government to exercise its constitutional authority over interstate commerce and outlaw the interstate selling of slaves. This groundbreaking book is the first to tell the complex story of the decades-long debate and legal battle over federal regulation of the slave trade. David Lightner explores a wide range of constitutional, social, and political issues that absorbed antebellum America. He revises accepted interpretations of various historical figures, including James Madison, Harriet Beecher Stowe, and Abraham Lincoln, and he argues convincingly that southern anxiety over the threat to the interstate slave trade was a key precipitant to the secession of the South and the Civil War. |
Результаты поиска по книге
Результаты 1 – 5 из 26
Стр. 6
... of federal legislative power and the authority of the president during wartime. These are issues with which every citizen should be concerned. Sadly, the Court frequently writes opinions that are accessible only 6 Introduction.
... of federal legislative power and the authority of the president during wartime. These are issues with which every citizen should be concerned. Sadly, the Court frequently writes opinions that are accessible only 6 Introduction.
Стр. 24
... legislative judgment. The same is probably generally true of the second component of the equal protection requirement, that the discrimination confer net benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
... legislative judgment. The same is probably generally true of the second component of the equal protection requirement, that the discrimination confer net benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
Стр. 25
... legislative facts (whether a law is a good policy choice). So even if the goal is simply to get the right answer, the Court may do better in the ordinary case by deferring to the implicit legislative judgment as to the law's ...
... legislative facts (whether a law is a good policy choice). So even if the goal is simply to get the right answer, the Court may do better in the ordinary case by deferring to the implicit legislative judgment as to the law's ...
Стр. 26
... legislative judgment should be treated more skeptically.The two I will consider here I call “the lessons of history” and “defects in democracy.” The. Lessons. of. History. History might show that certain kinds of discrimination have ...
... legislative judgment should be treated more skeptically.The two I will consider here I call “the lessons of history” and “defects in democracy.” The. Lessons. of. History. History might show that certain kinds of discrimination have ...
Стр. 27
... legislative judgment; it stacks the deck against the legislature. It does not simply ask whether the discrimination confers net benefits; instead, it requires that the discrimination be closely connected to a government interest of more ...
... legislative judgment; it stacks the deck against the legislature. It does not simply ask whether the discrimination confers net benefits; instead, it requires that the discrimination be closely connected to a government interest of more ...
Содержание
1 | |
9 | |
Part II Easy Cases | 63 |
Part III Hard Cases | 87 |
Part IV Illegitimacy | 167 |
Part V Striking the Balance | 227 |
Notes | 237 |
Index | 247 |
Другие издания - Просмотреть все
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2006 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2008 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Просмотр фрагмента - 2006 |
Часто встречающиеся слова и выражения
abortion accept action activism adopted allow Amendment American answer applications approach appropriate argued argument asserted attempt authority balancing basis benefits better Black branches Brown burdens Bush chapter citizens claim clear concerned Congress considered Constitution costs counts created critics decide decisions deference deferential determine different discrimination discuss doctrine Dred Due Process enforcement Equal Protection Clause Executive exist fact factors federal first give given governmental important individual interest issue judges judgment judicial Justice lead legislative legislature legitimate less liberty limits majority marriage meaning ment offered opinion originalism particular plain political practices probably prohibits provision punishment question racial ratifiers reason regulate relatively religious respect rule schools Scott seems Senate sense simply speech standard strike suggest Supreme Court things tion understanding United University Press values violated vote women