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. 15
... provisions about which disagreement exists . Controver- sial decisions deal with the meaning of provisions such as the First Amendment's protection of speech and religious exercise , or the Fourteenth Amendment's guarantees of due ...
... provisions about which disagreement exists . Controver- sial decisions deal with the meaning of provisions such as the First Amendment's protection of speech and religious exercise , or the Fourteenth Amendment's guarantees of due ...
Стр. 16
... provisions , for the words of the Constitution themselves convey very little information about how to decide particular cases . The guarantee of equal protection , for in- stance , surely means that the government cannot refuse some ...
... provisions , for the words of the Constitution themselves convey very little information about how to decide particular cases . The guarantee of equal protection , for in- stance , surely means that the government cannot refuse some ...
Стр. 22
... provision should stay as close as possible to the meaning of that provision. Suppose the Court is dealing with. 2 The Model: What Doctrine Is For.
... provision should stay as close as possible to the meaning of that provision. Suppose the Court is dealing with. 2 The Model: What Doctrine Is For.
Стр. 23
... provision is essentially that the government may not treat some people worse than others without sufficient justifi- cation. More precisely, the demand for an adequate justifica- tion can be understood to contain two components. First ...
... provision is essentially that the government may not treat some people worse than others without sufficient justifi- cation. More precisely, the demand for an adequate justifica- tion can be understood to contain two components. First ...
Стр. 41
... provisions . But the point of many constitutional provisions is relatively plain . “ Equal protection of the laws ... provision cannot be determined in an entirely objective manner , but it is something about which rea- sonable people ...
... provisions . But the point of many constitutional provisions is relatively plain . “ Equal protection of the laws ... provision cannot be determined in an entirely objective manner , but it is something about which rea- sonable people ...
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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