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. 1
... vote of 58 to 42 . The process of nomination and confirmation gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the ...
... vote of 58 to 42 . The process of nomination and confirmation gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the ...
Стр. 17
... vote “on account of race”). The absence of any mention of race makes it hard to argue on the basis of the Constitution's words alone, as Levin later does, that “[t]he Fourteenth Amendment prohibits all state discrim- ination based on ...
... vote “on account of race”). The absence of any mention of race makes it hard to argue on the basis of the Constitution's words alone, as Levin later does, that “[t]he Fourteenth Amendment prohibits all state discrim- ination based on ...
Стр. 27
... vote , so the legislature is unlikely to give full attention to burdens it im- poses on them . It is likely to pass laws that burden them , that is , even if the benefits do not exceed the burdens . The same is true , to a lesser extent ...
... vote , so the legislature is unlikely to give full attention to burdens it im- poses on them . It is likely to pass laws that burden them , that is , even if the benefits do not exceed the burdens . The same is true , to a lesser extent ...
Стр. 35
... vote, so the legislature is likely to be relatively unre- sponsive to their concerns. Similarly, racial minorities fre- quently have lesser political power. The lessons of history come into play as well, for there is a substantial ...
... vote, so the legislature is likely to be relatively unre- sponsive to their concerns. Similarly, racial minorities fre- quently have lesser political power. The lessons of history come into play as well, for there is a substantial ...
Стр. 45
... vote by the Nineteenth Amendment in 1920 , something still seemed to be going wrong . They were ex- cluded from ... voting rights , and the different competencies of courts and legisla- tures is one that can make some progress ...
... vote by the Nineteenth Amendment in 1920 , something still seemed to be going wrong . They were ex- cluded from ... voting rights , and the different competencies of courts and legisla- tures is one that can make some progress ...
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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