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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... claims might seem only to make the task of evalu- ating decisions harder. To show that they are in fact steps to- ward a useful definition of legitimacy, I will take a moment here to recapitulate the structure of the argument. It starts ...
... claims might seem only to make the task of evalu- ating decisions harder. To show that they are in fact steps to- ward a useful definition of legitimacy, I will take a moment here to recapitulate the structure of the argument. It starts ...
Стр. 39
... claims to identify in judges : it is entirely result - oriented . This is so because the plain meaning of the Constitution does not de- cide any difficult or controversial cases . For the concept of judicial activism to make sense , two ...
... claims to identify in judges : it is entirely result - oriented . This is so because the plain meaning of the Constitution does not de- cide any difficult or controversial cases . For the concept of judicial activism to make sense , two ...
Стр. 44
... claim is that decisions are legitimate if the level of deference the doctrine uses can be justified by reference to these factors. Whether a particular level of deference is justified by the presence or absence of particular factors is ...
... claim is that decisions are legitimate if the level of deference the doctrine uses can be justified by reference to these factors. Whether a particular level of deference is justified by the presence or absence of particular factors is ...
Стр. 46
... claim that we should be concerned primarily with the legitimacy of doctrine assumes that doctrine is necessary to decide cases. I have argued that this is true because the plain meaning of the Constitution, by itself, does not allow ...
... claim that we should be concerned primarily with the legitimacy of doctrine assumes that doctrine is necessary to decide cases. I have argued that this is true because the plain meaning of the Constitution, by itself, does not allow ...
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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