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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... tion,” and Senator Tom Coburn lamented that “[d]ecades of judicial activism have created these huge rifts in the social fab- ric of our country.” Senator Richard Durbin expressed concern about overuse of the activist label, noting that ...
... tion,” and Senator Tom Coburn lamented that “[d]ecades of judicial activism have created these huge rifts in the social fab- ric of our country.” Senator Richard Durbin expressed concern about overuse of the activist label, noting that ...
Стр. 3
Making Sense of Supreme Court Decisions Kermit Roosevelt. tion. Certainly they would not be lured into a discussion of whether specific decisions could be justified. This book seeks to shed light on the question of what jus- tifies a ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. tion. Certainly they would not be lured into a discussion of whether specific decisions could be justified. This book seeks to shed light on the question of what jus- tifies a ...
Стр. 4
... tion that does not require any specialized knowledge, or any familiarity with long and tangled strings of precedent. It re- lies on simple and commonsense understandings of what the Constitution means, and equally commonsense ...
... tion that does not require any specialized knowledge, or any familiarity with long and tangled strings of precedent. It re- lies on simple and commonsense understandings of what the Constitution means, and equally commonsense ...
Стр. 15
... tion of the judge's own preferences in defiance of the Consti- tution . The plausibility of the charge of activism thus depends at least implicitly on the idea that there is a clearly correct an- swer ( frequently called “ the plain ...
... tion of the judge's own preferences in defiance of the Consti- tution . The plausibility of the charge of activism thus depends at least implicitly on the idea that there is a clearly correct an- swer ( frequently called “ the plain ...
Стр. 17
... tion require that married couples and single people be treated the same where contraception is involved.”14 That is quite true as far as the words themselves are concerned—the Equal Pro- tection Clause does not say anything about ...
... tion require that married couples and single people be treated the same where contraception is involved.”14 That is quite true as far as the words themselves are concerned—the Equal Pro- tection Clause does not say anything about ...
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 |
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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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