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. 1
... offered lukewarm sup- port or outright opposition . Twenty - four days after announc- ing the nomination , President Bush withdrew it . His next pick was Samuel Alito , a judge on the federal court of appeals for the Third Circuit ...
... offered lukewarm sup- port or outright opposition . Twenty - four days after announc- ing the nomination , President Bush withdrew it . His next pick was Samuel Alito , a judge on the federal court of appeals for the Third Circuit ...
Стр. 13
... offered a concrete solution — a plan to add new justices to the Court — and char- acterized his proposal as “ action to save the Constitution from the Court . ” 10 Lincoln and the Roosevelts are generally considered good presidents ...
... offered a concrete solution — a plan to add new justices to the Court — and char- acterized his proposal as “ action to save the Constitution from the Court . ” 10 Lincoln and the Roosevelts are generally considered good presidents ...
Стр. 35
... explained why this doctrine is legitimate. As we will see, the Court in fact applies heightened scrutiny in a somewhat wider variety of cases. Why it does so, and what sorts of justifications might be offered , are The Model 35.
... explained why this doctrine is legitimate. As we will see, the Court in fact applies heightened scrutiny in a somewhat wider variety of cases. Why it does so, and what sorts of justifications might be offered , are The Model 35.
Стр. 36
... offered , are topics I will address later in the context of specific cases . But before I get to the cases , I return to the topic of legitimacy . The model of constitutional decision - making I have developed here is very different ...
... offered , are topics I will address later in the context of specific cases . But before I get to the cases , I return to the topic of legitimacy . The model of constitutional decision - making I have developed here is very different ...
Стр. 45
... offered necessar- ily leads us to an impasse . By focusing attention on the relevant factors and their respective weight , it will produce both more frequent agreement and more constructive disagreement . An argument about the relative ...
... offered necessar- ily leads us to an impasse . By focusing attention on the relevant factors and their respective weight , it will produce both more frequent agreement and more constructive disagreement . An argument about the relative ...
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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