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 53
Стр. 3
... legislatures or executives if the case involves states. (How to decide whether that position is reasonable is the topic of chapter 2.) It does not mean that the decision is compelled by the Constitution, or that it is the only ...
... legislatures or executives if the case involves states. (How to decide whether that position is reasonable is the topic of chapter 2.) It does not mean that the decision is compelled by the Constitution, or that it is the only ...
Стр. 24
... legislature that enacts that law is obviously in a better position to know than the Court. If the legislature is acting in good faith—an important “if”— then the possibility of obtaining right answers to that question will be increased ...
... legislature that enacts that law is obviously in a better position to know than the Court. If the legislature is acting in good faith—an important “if”— then the possibility of obtaining right answers to that question will be increased ...
Стр. 25
... legislature could rationally have thought that it produces net benefits to society. What this deferential stance means is that the Court will basically accept the legislature's judgment. It will almost never strike down a law. If the ...
... legislature could rationally have thought that it produces net benefits to society. What this deferential stance means is that the Court will basically accept the legislature's judgment. It will almost never strike down a law. If the ...
Стр. 26
... that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion without any deference to the legislature . It might 26 Deciding Constitutional Cases.
... that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion without any deference to the legislature . It might 26 Deciding Constitutional Cases.
Стр. 27
... 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 than ordinary im- portance . ( There are actually ...
... 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 than ordinary im- portance . ( There are actually ...
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 activist affirmative action allow American anti-deferential applications appropriate argued argument asserted Black Brown burdens Bush Casey chapter citizens claim commerce Congress consensus constitutional meaning costs and benefits Court decisions critics decide deference deferential detainees discrimination discuss dissenting doctrinal rule doctrinal test doctrine and meaning Dred Scott Due Process Clause Eighth Amendment enforcement Equal Protection Clause Establishment Clause Executive fact factors federal government Florida Florida Supreme Court Fourteenth Amendment gay marriage gays and lesbians Gore Hamdi homosexual Ibid illegitimate interest issue judges judgment judicial activism Justice justified Kelo Korematsu legislative legislature legitimacy legitimate liberty Lochner Mark Levin Men in Black ment Miranda opinion originalists plain meaning Plessy political prohibits provision punishment question racial minorities Rasul ratifiers reason religious Romer Scalia segregation speech standard stitution strict scrutiny substantial suggest Supreme Court tion understanding University Press uphold violated vote women