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
... reason that the term “ activism " has no place in a serious discussion is that relatively few significant or controversial cases possess clear right answers . That is not to say that there are never obvious answers to constitutional ...
... reason that the term “ activism " has no place in a serious discussion is that relatively few significant or controversial cases possess clear right answers . That is not to say that there are never obvious answers to constitutional ...
Стр. 25
... reasons to doubt that the legislature is acting in good faith. These reasons Underenforcing Doctrine (Deferential Review) Constitutional Meaning Figure 1. Underenforcing doctrine. The Model 25.
... reasons to doubt that the legislature is acting in good faith. These reasons Underenforcing Doctrine (Deferential Review) Constitutional Meaning Figure 1. Underenforcing doctrine. The Model 25.
Стр. 38
... reason. These claims might seem only to make the task of evalu- ating decisions harder. To show that they are in fact steps to- ward a useful definition of legitimacy, I will take a moment here to recapitulate the structure of the ...
... reason. These claims might seem only to make the task of evalu- ating decisions harder. To show that they are in fact steps to- ward a useful definition of legitimacy, I will take a moment here to recapitulate the structure of the ...
Стр. 48
... to modify it as they see fit? And what reason is there to think that judges will write a better Constitution than the one we have? As Justice Antonin Scalia is fond of pointing out, judges 48 Deciding Constitutional Cases.
... to modify it as they see fit? And what reason is there to think that judges will write a better Constitution than the one we have? As Justice Antonin Scalia is fond of pointing out, judges 48 Deciding Constitutional Cases.
Стр. 49
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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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