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. 32
... basic ques- tions . First , what is the characteristic according to which the government treats people differently ? And second , what does the differential treatment consist of ? The different possible an- swers to these questions will ...
... basic ques- tions . First , what is the characteristic according to which the government treats people differently ? And second , what does the differential treatment consist of ? The different possible an- swers to these questions will ...
Стр. 33
... basis re- view,” ends up leaving the responsibility for compliance with the Constitution primarily with the legislature. It might be that the classification is in fact motivated by hostility, or that the burdens it inflicts are greater ...
... basis re- view,” ends up leaving the responsibility for compliance with the Constitution primarily with the legislature. It might be that the classification is in fact motivated by hostility, or that the burdens it inflicts are greater ...
Стр. 36
... basic idea that there is a significant difference between doctrine and meaning is fairly widely accepted among legal scholars . In the University of Virginia law review , I have of- fered a more technical exposition of the point , with ...
... basic idea that there is a significant difference between doctrine and meaning is fairly widely accepted among legal scholars . In the University of Virginia law review , I have of- fered a more technical exposition of the point , with ...
Стр. 37
Making Sense of Supreme Court Decisions Kermit Roosevelt. 3 From Activism to Legitimacy he basic question this book sets ... basis for charging that the judges have exceeded their proper role . The remedy for such decisions , if remedy is ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. 3 From Activism to Legitimacy he basic question this book sets ... basis for charging that the judges have exceeded their proper role . The remedy for such decisions , if remedy is ...
Стр. 42
... basic form, requiring a particular kind of governmental interest and a particular fit between that interest and the ... basis” review; intermediate scrutiny demands a substantial connection; and strict scrutiny requires that the act be ...
... basic form, requiring a particular kind of governmental interest and a particular fit between that interest and the ... basis” review; intermediate scrutiny demands a substantial connection; and strict scrutiny requires that the act be ...
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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