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
... respect to these sorts of 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 ...
... respect to these sorts of 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 ...
Стр. 17
... respect to the Equal Protection Clause, Levin takes the Supreme Court to task for holding that if married couples are allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the ...
... respect to the Equal Protection Clause, Levin takes the Supreme Court to task for holding that if married couples are allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the ...
Стр. 24
... respect to the question of whether a particular discrim- inatory law is motivated by hostility, the legislature that enacts that law is obviously in a better position to know than the Court. If the legislature is acting in good faith—an ...
... respect to the question of whether a particular discrim- inatory law is motivated by hostility, the legislature that enacts that law is obviously in a better position to know than the Court. If the legislature is acting in good faith—an ...
Стр. 30
... respect to these very important interests, on the grounds that when such interests are at stake, the cost of erroneously upholding an unconstitutional depri- vation is very high. It might be better, in such cases, to err on the side of ...
... respect to these very important interests, on the grounds that when such interests are at stake, the cost of erroneously upholding an unconstitutional depri- vation is very high. It might be better, in such cases, to err on the side of ...
Стр. 34
... respect to fundamental rights, the Court will employ what is known as “strict scrutiny.” Strict scrutiny requires that the discrimina- tion be necessary to serve a compelling state interest. Strict scrutiny is the Court's most demanding ...
... respect to fundamental rights, the Court will employ what is known as “strict scrutiny.” Strict scrutiny requires that the discrimina- tion be necessary to serve a compelling state interest. Strict scrutiny is the Court's most demanding ...
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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