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. 13
... speech against the states ( rather than merely the federal gov- ernment ) was denounced as activism , but the proposition that the First Amendment binds the states is now embedded in The Plain Meaning of the Constitution 13.
... speech against the states ( rather than merely the federal gov- ernment ) was denounced as activism , but the proposition that the First Amendment binds the states is now embedded in The Plain Meaning of the Constitution 13.
Стр. 15
... sial decisions deal with the meaning of provisions such as the First Amendment's protection of speech and religious exercise , or the Fourteenth Amendment's guarantees of due process and equal The Plain Meaning of the Constitution 15.
... sial decisions deal with the meaning of provisions such as the First Amendment's protection of speech and religious exercise , or the Fourteenth Amendment's guarantees of due process and equal The Plain Meaning of the Constitution 15.
Стр. 16
... speech " is no more self - explanatory than equal protection . Does a law whose incidental effect is to make speech harder to engage in constitute a forbidden abridgement ? What about a governmental choice to fund some speakers but not ...
... speech " is no more self - explanatory than equal protection . Does a law whose incidental effect is to make speech harder to engage in constitute a forbidden abridgement ? What about a governmental choice to fund some speakers but not ...
Стр. 17
... speech? Is a donation to a political campaign? These are all important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one ...
... speech? Is a donation to a political campaign? These are all important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one ...
Стр. 18
Making Sense of Supreme Court Decisions Kermit Roosevelt. speech in any obvious , literal sense — and it is farther removed from literal speech than expressive conduct such as burning a flag in protest . Eventually , the argument that ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. speech in any obvious , literal sense — and it is farther removed from literal speech than expressive conduct such as burning a flag in protest . Eventually , the argument that ...
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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