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. |
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Стр. 2
... less empty of content. As Senator Coburn admitted,“[w]e each have our own definition of judicial activism.” To agree that activism is bad means nothing if we cannot also agree on what counts as activism. The Supreme Court confirmation ...
... less empty of content. As Senator Coburn admitted,“[w]e each have our own definition of judicial activism.” To agree that activism is bad means nothing if we cannot also agree on what counts as activism. The Supreme Court confirmation ...
Стр. 22
... less) than simply get the right answer. The best way to see this is to walk through the reasoning process that the Supreme Court might actually follow in the creation of the doctrinal rules it uses to decide cases. Consider a ...
... less) than simply get the right answer. The best way to see this is to walk through the reasoning process that the Supreme Court might actually follow in the creation of the doctrinal rules it uses to decide cases. Consider a ...
Стр. 25
... less than the Constitution actually prohibits, on the theory that leaving the legislature's judgment undisturbed will lead to fewer errors. That takes care of the ordinary case, and it leaves room for the Court to second-guess the ...
... less than the Constitution actually prohibits, on the theory that leaving the legislature's judgment undisturbed will lead to fewer errors. That takes care of the ordinary case, and it leaves room for the Court to second-guess the ...
Стр. 26
... less deference is appropriate and that the 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 ...
... less deference is appropriate and that the 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 ...
Стр. 29
... less deference to the legislature.One aspect of the cost is the ease of correction.Here the two errors differ markedly.Upholding an unconstitutional law allows the government to burden an individual in a way that should not have been ...
... less deference to the legislature.One aspect of the cost is the ease of correction.Here the two errors differ markedly.Upholding an unconstitutional law allows the government to burden an individual in a way that should not have been ...
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 |
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