Dred Scott and the Dangers of a Political Court

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February 11, 2022 | History

Dred Scott and the Dangers of a Political Court

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1st paperback ed.

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Previews available in: English

Edition Availability
Cover of: Dred Scott and the Dangers of a Political Court
Dred Scott and the Dangers of a Political Court
2010, Lexington Books, a division of Rowman & Littlefield Publishers, Lexington Books
Paperback in English
Cover of: Dred Scott and the dangers of a political court
Dred Scott and the dangers of a political court
2009, Lexington Books
in English

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Book Details


Published in

Lanham, MD

Table of Contents

Introduction
Part 1 : History.
Preface : Dred Scott in a house divided
A slave's life
False promise of freedom : Scott's state court trials
"A dark and fell spirit" : the Missouri Supreme Court reverses
New trial and defeat in St. Louis federal court
At the summit : argument and reargument before the U.S. Supreme Court
The president-elect secretly intervenes
"The South is doomed" : Chief Justice Roger Taney
Part 2 : Law.
Taney's opinion of the court : an overview
Can a black man be a true American? : Taney on Negro citizenship
"Upon these considerations" : Taney strikes down the Missouri compromise
The road not taken : Taney on choice of law and res judicata
The majority concurs (after a fashion)
Two ringing dissents
Reaction and the way to Civil War
Part 3 : Analysis.
The use and misuse of history
The aspirationalist critique : "indifference to injustice"
The originalist critique : "first cousin" to Roe
The traditional "judicial restraint" critique
Dred Scott and the dangers of a political court

Edition Notes

Copyright Date
2009

Classifications

Library of Congress
, KF228.S27 G74 2010eb

The Physical Object

Format
Paperback
Pagination
ix, 328 p.
Number of pages
340
Dimensions
24 x x centimeters

ID Numbers

Open Library
OL24573111M
Internet Archive
dredscottdangers0000gree
ISBN 10
073913759X
ISBN 13
9780739137598
OCLC/WorldCat
649651217

Work Description

The Dred Scott decision of 1857 is widely (and correctly) regarded as the very worst in the long history of the U.S. Supreme Court. The decision held that no African American could ever be a U.S. citizen and declared that the Missouri Compromise of 1820 was unconstitutional and void. The decision thus appeared to promise that slavery would be forever protected in the great American West. Prompting mass outrage, the decision was a crucial step on the road that led to the Civil War. Dred Scott and the Dangers of a Political Court traces the history of the case and tells the story of many of the key people involved, including Dred and Harriet Scott, President James Buchanan, Chief Justice Roger Taney, and Abraham Lincoln. The book also examines in some detail each of the nine separate Opinions written by the Court's Justices, connecting each with the respective Justices' past views on slavery and the law. That examination demonstrates that the majority Justices were willing to embrace virtually any flimsy legal argument they could find at hand in an effort to justify the pro-slavery result they had predetermined. Many modern commentators view the case chiefly in relation to Roe v Wade and related controversies in modern constitutional law: some conservative critics attempt to argue that Dred Scott exemplifies "aspirationalism" or "judicial activism" gone wrong; some liberal critics in turn try to argue that Dred Scott instead represents "originalism" or "strict constructionism" run amok. Here, Judge Ethan Greenberg demonstrates that none of these modern critiques has much merit. The Dred Scott case was not about constitutional methodology, but chiefly about slavery, and about how very far the Dred Scott Court was willing to go to protect the political interests of the slave-holding South. The decision was wrong because the Court subordinated law and intellectual honesty to politics. The case thus exemplifies the dangers of a political Court. - Publisher.

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February 11, 2022 Edited by ImportBot import existing book
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January 5, 2011 Edited by 158.158.240.230 Edited without comment.
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