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. 3
... practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with. In place of the overworked concept of activism, this book offers the idea of legitimacy. To say that a ...
... practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with. In place of the overworked concept of activism, this book offers the idea of legitimacy. To say that a ...
Стр. 16
... practices may be constitutionally problematic , and some are surely acceptable . But the words of the Constitution do not tell us which is which . The First Amendment's prohibition on laws “ abridging the freedom of speech " is no more ...
... practices may be constitutionally problematic , and some are surely acceptable . But the words of the Constitution do not tell us which is which . The First Amendment's prohibition on laws “ abridging the freedom of speech " is no more ...
Стр. 31
... practice of finding loopholes in the tax code, which ingenious lawyers regularly do, and to which Congress responds with regular amendments. The Su- preme Court understandably does not want to generate con- stitutional doctrine that ...
... practice of finding loopholes in the tax code, which ingenious lawyers regularly do, and to which Congress responds with regular amendments. The Su- preme Court understandably does not want to generate con- stitutional doctrine that ...
Стр. 36
... Practice ( Yale University Press , 2004 ) . My discussion of the factors going into the creation of doctrine is heavily indebted to the ideas of John Hart Ely . Ely's Democracy and Distrust ( Harvard University Press , 1980 ) should be ...
... Practice ( Yale University Press , 2004 ) . My discussion of the factors going into the creation of doctrine is heavily indebted to the ideas of John Hart Ely . Ely's Democracy and Distrust ( Harvard University Press , 1980 ) should be ...
Стр. 39
... practice , it turns out to mean nothing more or less than that the decision is inconsistent with the speaker's politics . The label “ activist ” turns out to possess exactly the same fault it claims to identify in judges : it is ...
... practice , it turns out to mean nothing more or less than that the decision is inconsistent with the speaker's politics . The label “ activist ” turns out to possess exactly the same fault it claims to identify in judges : it is ...
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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