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
... strings of precedent. It re- lies on simple and commonsense understandings of what the Constitution means, and equally commonsense considerations about whether judges or other governmental actors are better at 4 Introduction.
... strings of precedent. It re- lies on simple and commonsense understandings of what the Constitution means, and equally commonsense considerations about whether judges or other governmental actors are better at 4 Introduction.
Стр. 41
... understanding of the ratifiers , to have some knowledge of history , of what the concerns were that motivated the adoption of particular con- stitutional provisions . But the point of many constitutional provisions is relatively plain ...
... understanding of the ratifiers , to have some knowledge of history , of what the concerns were that motivated the adoption of particular con- stitutional provisions . But the point of many constitutional provisions is relatively plain ...
Стр. 47
... understandings. The debate between originalists and living constitutionalists is generally considered one of the most important current battles over how the Constitution should be interpreted. In what fol- lows, I will briefly set out ...
... understandings. The debate between originalists and living constitutionalists is generally considered one of the most important current battles over how the Constitution should be interpreted. In what fol- lows, I will briefly set out ...
Стр. 48
... understanding, by contrast, prevents judges from imposing their own values. Originalists thus argue that constitutional cases should be decided according to our best guess as to how the ratifiers would have decided them. Judges should ...
... understanding, by contrast, prevents judges from imposing their own values. Originalists thus argue that constitutional cases should be decided according to our best guess as to how the ratifiers would have decided them. Judges should ...
Стр. 49
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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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