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
... suggest that this hostility is unwarranted. To that end, I analyze Supreme Court decisions, showing how the standard of legitimacy I have developed ap- plies to a wide range of cases—some of which most everyone agrees are right; some ...
... suggest that this hostility is unwarranted. To that end, I analyze Supreme Court decisions, showing how the standard of legitimacy I have developed ap- plies to a wide range of cases—some of which most everyone agrees are right; some ...
Стр. 5
... suggests that the key disagreement among Supreme Court justices, frequently, is not about con- stitutional meaning but rather about how much deference the Court should give to the judgment of other government ac- tors. The key question ...
... suggests that the key disagreement among Supreme Court justices, frequently, is not about con- stitutional meaning but rather about how much deference the Court should give to the judgment of other government ac- tors. The key question ...
Стр. 6
... suggest other works that expand on, or deny, some of the arguments I make. Although law review ar- ticles are the standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the ...
... suggest other works that expand on, or deny, some of the arguments I make. Although law review ar- ticles are the standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the ...
Стр. 19
... suggested above is that judges can seldom take the plain words of the Constitution and use them to decide particular cases. Some- thing is needed to mediate between the words of the Constitu- tion and specific judicial decisions ...
... suggested above is that judges can seldom take the plain words of the Constitution and use them to decide particular cases. Some- thing is needed to mediate between the words of the Constitu- tion and specific judicial decisions ...
Стр. 20
... suggests an equally simple 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 ...
... suggests an equally simple 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 ...
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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