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. 4
... particular area of law. What I have tried to offer here is a method of evaluation that does not require any specialized knowledge, or any familiarity with long and tangled strings of precedent. It re- lies on simple and commonsense ...
... particular area of law. What I have tried to offer here is a method of evaluation that does not require any specialized knowledge, or any familiarity with long and tangled strings of precedent. It re- lies on simple and commonsense ...
Стр. 6
... particular topics should feel free to skip them. At the end of each chapter I have included a section entitled “Further Reading.” These sections will suggest other works that expand on, or deny, some of the arguments I make. Although ...
... particular topics should feel free to skip them. At the end of each chapter I have included a section entitled “Further Reading.” These sections will suggest other works that expand on, or deny, some of the arguments I make. Although ...
Стр. 16
... particular cases. The guarantee of equal protection, for instance, surely means that the government cannot refuse some people the shelter of its laws—something the Reconstruction Congress was quite concerned about, given the failure of ...
... particular cases. The guarantee of equal protection, for instance, surely means that the government cannot refuse some people the shelter of its laws—something the Reconstruction Congress was quite concerned about, given the failure of ...
Стр. 17
... particular disfavored viewpoint? What if the government itself imposes no penalties on speakers but allows other private individuals to sue them for damages? Is flag-burning speech? Is a donation to a political campaign? These are all ...
... particular disfavored viewpoint? What if the government itself imposes no penalties on speakers but allows other private individuals to sue them for damages? Is flag-burning speech? Is a donation to a political campaign? These are all ...
Стр. 18
... particular,I will consider the argument that supplementing text with history allows us to determine what the Constitution means for specific cases.) The point here is simply that the plain meaning does not get us all the way to a ...
... particular,I will consider the argument that supplementing text with history allows us to determine what the Constitution means for specific cases.) The point here is simply that the plain meaning does not get us all the way to a ...
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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