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. 33
... women or against children born out of wedlock, the Court will apply a test called “intermediate scrutiny.” In- termediate scrutiny requires that the discrimination be sub- stantially related to an important governmental interest—it ...
... women or against children born out of wedlock, the Court will apply a test called “intermediate scrutiny.” In- termediate scrutiny requires that the discrimination be sub- stantially related to an important governmental interest—it ...
Стр. 34
... women and illegitimate children based on stereotypes now generally be- lieved to be inaccurate. That history also suggests that legisla- tures are relatively likely to make mistakes about the prefer- ences or characteristics of women ...
... women and illegitimate children based on stereotypes now generally be- lieved to be inaccurate. That history also suggests that legisla- tures are relatively likely to make mistakes about the prefer- ences or characteristics of women ...
Стр. 44
... women is a ready example. Weigh- ing the costs and benefits of a discriminatory law is something the legislature can generally do better than courts, and to the extent that the balancing involves making policy, the basic idea of ...
... women is a ready example. Weigh- ing the costs and benefits of a discriminatory law is something the legislature can generally do better than courts, and to the extent that the balancing involves making policy, the basic idea of ...
Стр. 45
... women were guaranteed the vote by the Nineteenth Amendment in 1920 , something still seemed to be going wrong . They ... women's ca- pabilities and appropriate roles . The lessons of history thus suggest that deference might not be ...
... women were guaranteed the vote by the Nineteenth Amendment in 1920 , something still seemed to be going wrong . They ... women's ca- pabilities and appropriate roles . The lessons of history thus suggest that deference might not be ...
Стр. 48
... women from the practice of law, to give just a few prominent examples. When the argument is viewed in these terms, it seems fairly clear that the originalists have the better of it. The Con- stitution as written may not be perfect, but ...
... women from the practice of law, to give just a few prominent examples. When the argument is viewed in these terms, it seems fairly clear that the originalists have the better of it. The Con- stitution as written may not be perfect, but ...
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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