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
... American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
... American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
Стр. 3
... question of what jus- tifies a constitutional decision. It does not do so by developing a theory of activism, for in practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker ...
... question of what jus- tifies a constitutional decision. It does not do so by developing a theory of activism, for in practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker ...
Стр. 4
... question that can be answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the set of factors that sup- ports deference or a refusal to defer is a limited ...
... question that can be answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the set of factors that sup- ports deference or a refusal to defer is a limited ...
Стр. 5
... question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two, three, and four form the body of the book. They take the model developed in the first part ...
... question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two, three, and four form the body of the book. They take the model developed in the first part ...
Стр. 6
... questions that may occur to lawyers or aca- demics who read the book, but they can also be skimmed or skipped without compromising my main objective. That objective—helping citizens to understand and eval- uate the work of the Supreme ...
... questions that may occur to lawyers or aca- demics who read the book, but they can also be skimmed or skipped without compromising my main objective. That objective—helping citizens to understand and eval- uate the work of the Supreme ...
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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