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. 16
... prohibition on laws “ abridging the freedom of speech " is no more self - explanatory than equal protection . Does a law whose incidental effect is to make speech harder to engage in constitute a forbidden abridgement ? What about a ...
... prohibition on laws “ abridging the freedom of speech " is no more self - explanatory than equal protection . Does a law whose incidental effect is to make speech harder to engage in constitute a forbidden abridgement ? What about a ...
Стр. 17
... prohibits all state discrim- ination based on race, without exception.”15 With respect to the First Amendment, Levin claims that “[t]he framers could not have been clearer about what they meant or about their intentions”16and goes on to ...
... prohibits all state discrim- ination based on race, without exception.”15 With respect to the First Amendment, Levin claims that “[t]he framers could not have been clearer about what they meant or about their intentions”16and goes on to ...
Стр. 25
... prohibits, on the the- ory 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 legislature if things seem to have gone ...
... prohibits, on the the- ory 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 legislature if things seem to have gone ...
Стр. 28
... prohibits. It does so on the theory that some kinds of dis- crimination are so highly likely to be improper that the legis- lature should be allowed to use them only in extraordinary circumstances. What our hypothetical Court has done ...
... prohibits. It does so on the theory that some kinds of dis- crimination are so highly likely to be improper that the legis- lature should be allowed to use them only in extraordinary circumstances. What our hypothetical Court has done ...
Стр. 30
... edges; it permits or prohibits a definite range of action. A standard is more open-ended; its application in particular cases will be open to dispute. For example, the requirement that confes- sions 30 Deciding Constitutional Cases.
... edges; it permits or prohibits a definite range of action. A standard is more open-ended; its application in particular cases will be open to dispute. For example, the requirement that confes- sions 30 Deciding Constitutional Cases.
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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