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. 4
... thing. I try to explain and apply my 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 ...
... thing. I try to explain and apply my 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 ...
Стр. 12
... thing . Activist judges , they claim , are substituting their own political preferences for the mandates of the Consti- tution . They are exercising will , not judgment ; they are impos- ing their own values on society . In his ...
... thing . Activist judges , they claim , are substituting their own political preferences for the mandates of the Consti- tution . They are exercising will , not judgment ; they are impos- ing their own values on society . In his ...
Стр. 13
... thing . Precisely because the specter of government by judiciary strikes such a deep chord with Americans , its threat has been a near - constant refrain . The danger was raised by Abraham Lin- coln , who warned that if policy questions ...
... thing . Precisely because the specter of government by judiciary strikes such a deep chord with Americans , its threat has been a near - constant refrain . The danger was raised by Abraham Lin- coln , who warned that if policy questions ...
Стр. 19
... thing is needed to mediate between the words of the Constitu- tion and specific judicial decisions. Constitutional decision- making is going to be more complicated than simply applying some plain meaning. Indeed it is. It is very ...
... thing is needed to mediate between the words of the Constitu- tion and specific judicial decisions. Constitutional decision- making is going to be more complicated than simply applying some plain meaning. Indeed it is. It is very ...
Стр. 22
... things that the Supreme Court does is de- cide individual cases. Its obligation in those cases is to provide justice to the litigants before it, and the most important aspect of that obligation is probably to get the right answer to the ...
... things that the Supreme Court does is de- cide individual cases. Its obligation in those cases is to provide justice to the litigants before it, and the most important aspect of that obligation is probably to get the right answer to the ...
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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