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. 4
... relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively, or even primarily ...
... relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively, or even primarily ...
Стр. 15
... relatively few significant or controversial cases possess clear right answers . That is not to say that there are never obvious answers to constitutional questions . The Constitution does contain some very clear rules . It provides that ...
... relatively few significant or controversial cases possess clear right answers . That is not to say that there are never obvious answers to constitutional questions . The Constitution does contain some very clear rules . It provides that ...
Стр. 18
... relatively high level of generality . The Equal Protection Clause forbids unjustified discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified discrimination violates the Constitution is not ...
... relatively high level of generality . The Equal Protection Clause forbids unjustified discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified discrimination violates the Constitution is not ...
Стр. 20
... relatively simple. The straightforward goal of pro- ducing correct decisions suggests an equally simple standard of legitimacy: doctrine is legitimate, one might think, to the extent that it leads to correct decisions. The Court's ...
... relatively simple. The straightforward goal of pro- ducing correct decisions suggests an equally simple standard of legitimacy: doctrine is legitimate, one might think, to the extent that it leads to correct decisions. The Court's ...
Стр. 29
... relative costs that it as- signs to these errors will suggest more or less deference to the legislature . One aspect of the cost is the ease of correction . Here the two errors differ markedly . Upholding an unconstitutional law allows ...
... relative costs that it as- signs to these errors will suggest more or less deference to the legislature . One aspect of the cost is the ease of correction . Here the two errors differ markedly . Upholding an unconstitutional law allows ...
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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