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. vii
... to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc- ceed viii Contents.
... to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc- ceed viii Contents.
Стр. 13
... strikes such a deep chord with Americans , its threat has been a near - constant refrain . The danger was raised by ... striking down New Deal legislation . FDR offered a concrete solution — a plan to add new justices to the Court — and ...
... strikes such a deep chord with Americans , its threat has been a near - constant refrain . The danger was raised by ... striking down New Deal legislation . FDR offered a concrete solution — a plan to add new justices to the Court — and ...
Стр. 14
... striking example of a successful “activist” deci- sion is probably Brown v. Board of Education, which held public school segregation unconstitutional. Almost no one nowadays disputes that Brown was correctly decided—indeed, Mark Levin ...
... striking example of a successful “activist” deci- sion is probably Brown v. Board of Education, which held public school segregation unconstitutional. Almost no one nowadays disputes that Brown was correctly decided—indeed, Mark Levin ...
Стр. 20
... strike down those that are not, even if discovering that mean- ing takes some work. Doctrine is complicated, on this account, because constitutional meaning is hard to figure out, but its purpose is relatively simple. The ...
... strike down those that are not, even if discovering that mean- ing takes some work. Doctrine is complicated, on this account, because constitutional meaning is hard to figure out, but its purpose is relatively simple. The ...
Стр. 21
... strike down some that do not . That is , some doctrinal rules will lead the Court to get cases wrong according to the meaning of the Constitution . Perfect enforcement is just as much a fallacy as direct enforcement . The next chapter ...
... strike down some that do not . That is , some doctrinal rules will lead the Court to get cases wrong according to the meaning of the Constitution . Perfect enforcement is just as much a fallacy as direct enforcement . The next chapter ...
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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