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. 3
... standard of legitimacy I have developed ap- plies to a wide range of cases—some of which most everyone agrees are right; some that are deeply divisive; and some that most everyone agrees were mistakes. I try to show that once we move ...
... standard of legitimacy I have developed ap- plies to a wide range of cases—some of which most everyone agrees are right; some that are deeply divisive; and some that most everyone agrees were mistakes. I try to show that once we move ...
Стр. 4
... standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively, or even primarily, for lawyers. I hope that it has some insights that lawyers and law students will find interesting ...
... standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively, or even primarily, for lawyers. I hope that it has some insights that lawyers and law students will find interesting ...
Стр. 5
... standard by which the legitimacy of doctrine can be assessed. This standard suggests that the key disagreement among Supreme Court justices, frequently, is not about con- stitutional meaning but rather about how much deference the Court ...
... standard by which the legitimacy of doctrine can be assessed. This standard suggests that the key disagreement among Supreme Court justices, frequently, is not about con- stitutional meaning but rather about how much deference the Court ...
Стр. 6
... standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the general public. These sections will also identify issues I did not feel able to address adequately in the main text ...
... standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the general public. These sections will also identify issues I did not feel able to address adequately in the main text ...
Стр. 20
... standard of legitimacy: doctrine is legitimate, one might think, to the extent that it leads to correct decisions. The Court's aspiration, according to this theory, is to reach the right answer in all cases, to enforce the Constitution ...
... standard of legitimacy: doctrine is legitimate, one might think, to the extent that it leads to correct decisions. The Court's aspiration, according to this theory, is to reach the right answer in all cases, to enforce the Constitution ...
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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