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. 5
... rules that judges create to implement that meaning, what I will call constitutional doctrine. It explains the factors that go into the creation of doctrine, and it uses them to de- velop a standard by which the legitimacy of doctrine ...
... rules that judges create to implement that meaning, what I will call constitutional doctrine. It explains the factors that go into the creation of doctrine, and it uses them to de- velop a standard by which the legitimacy of doctrine ...
Стр. 13
... rule by an unelected elite in defiance of the most basic principles of American democracy . The sound bites are easy to manufacture and hard to rebut . No one , after all , would argue that judicial activism is a good thing . Precisely ...
... rule by an unelected elite in defiance of the most basic principles of American democracy . The sound bites are easy to manufacture and hard to rebut . No one , after all , would argue that judicial activism is a good thing . Precisely ...
Стр. 15
... rules . It provides that a bill will become a law if it is passed by both houses of Congress and signed by the presi- dent . It sets minimum age requirements for holding elected of- fice : twenty - five years for representatives ...
... rules . It provides that a bill will become a law if it is passed by both houses of Congress and signed by the presi- dent . It sets minimum age requirements for holding elected of- fice : twenty - five years for representatives ...
Стр. 19
... rules that the Supreme Court creates to take it from the grand language of the Constitution to the actual outcomes of particular cases. In deciding cases, the Court does not ask whether the governmental act it reviews is consistent with ...
... rules that the Supreme Court creates to take it from the grand language of the Constitution to the actual outcomes of particular cases. In deciding cases, the Court does not ask whether the governmental act it reviews is consistent with ...
Стр. 20
... rules it imposes are not found in the Constitution. The question—the basic question this book seeks to answer—is what makes doctrine legitimate. How can we distinguish between rules that are justifiable as ways to implement ...
... rules it imposes are not found in the Constitution. The question—the basic question this book seeks to answer—is what makes doctrine legitimate. How can we distinguish between rules that are justifiable as ways to implement ...
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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