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. 18
... simply enforce the plain meaning of the Constitution . This is not because the meaning is not clear . It is because the clear meaning exists at a relatively high level of generality . The Equal Protection Clause forbids unjustified ...
... simply enforce the plain meaning of the Constitution . This is not because the meaning is not clear . It is because the clear meaning exists at a relatively high level of generality . The Equal Protection Clause forbids unjustified ...
Стр. 19
... simply applying some plain meaning. Indeed it is. It is very complicated. Read some Supreme Court opinions and you will learn that, if little else. You will encounter tiers of scrutiny, five-factor tests, requirements of congruence and ...
... simply applying some plain meaning. Indeed it is. It is very complicated. Read some Supreme Court opinions and you will learn that, if little else. You will encounter tiers of scrutiny, five-factor tests, requirements of congruence and ...
Стр. 22
... simply get the right answer. The best way to see this is to walk through the reasoning process that the Supreme Court might actually follow in the creation of the doctrinal rules it uses to decide cases. Consider a hypothetical Court ...
... simply get the right answer. The best way to see this is to walk through the reasoning process that the Supreme Court might actually follow in the creation of the doctrinal rules it uses to decide cases. Consider a hypothetical Court ...
Стр. 23
... simply restate this interpretation of the Equal Protection Clause. If the discrimination is not the product of hostility and confers benefits that outweigh the burdens it imposes, the govern- ment will win. If not, the individual who ...
... simply restate this interpretation of the Equal Protection Clause. If the discrimination is not the product of hostility and confers benefits that outweigh the burdens it imposes, the govern- ment will win. If not, the individual who ...
Стр. 24
... simply with getting the right answer as often as possible, why should it care what other gov- ernmental actors think? Because the Court can make mistakes. It cannot be reversed, because no higher court exists, but it can still get ...
... simply with getting the right answer as often as possible, why should it care what other gov- ernmental actors think? Because the Court can make mistakes. It cannot be reversed, because no higher court exists, but it can still get ...
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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