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. 6
... seem cryptic. Constitu- tional law is simple in some ways, and I hope that the analysis of the main text is readily accessible. It can become quite compli- cated in other ways—chiefly once we start to think about aca- demic analysis and ...
... seem cryptic. Constitu- tional law is simple in some ways, and I hope that the analysis of the main text is readily accessible. It can become quite compli- cated in other ways—chiefly once we start to think about aca- demic analysis and ...
Стр. 12
... seems to be the most widely read , and , as we shall see , it illustrates some of the weak- nesses of the argument . Levin's assertions blend easily into the growing chorus . Activist judges , he writes , “ have abused their ...
... seems to be the most widely read , and , as we shall see , it illustrates some of the weak- nesses of the argument . Levin's assertions blend easily into the growing chorus . Activist judges , he writes , “ have abused their ...
Стр. 25
... seem to have gone drastically wrong—if the legislature would be irrational to think the law was a good idea. But per- haps the Court can do better. Perhaps it can identify cases that are out of the ordinary, cases in which there are ...
... seem to have gone drastically wrong—if the legislature would be irrational to think the law was a good idea. But per- haps the Court can do better. Perhaps it can identify cases that are out of the ordinary, cases in which there are ...
Стр. 38
... 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 argument. It starts with the ...
... 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 argument. It starts with the ...
Стр. 48
... seem to view ju- dicial modification of the Constitution with equanimity—a necessary evil, at the worst. Without ... seems fairly clear that the originalists have the better of it. The Con- stitution as written may not be perfect ...
... seem to view ju- dicial modification of the Constitution with equanimity—a necessary evil, at the worst. Without ... seems fairly clear that the originalists have the better of it. The Con- stitution as written may not be perfect ...
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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