Dred Scott And The Dangers Of A Political Court
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| Author | : Ethan Greenberg |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 344 |
| Release | : 2009 |
| Genre | : History |
| ISBN | : 9780739137581 |
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. Many modern commentators view the case chiefly in relation to Roe v. Wade and related controversies in modern constitutional law. Judge Ethan Greenberg demonstrates that most modern critiques of the case have little 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. Book jacket.
| Author | : Ethan Greenberg |
| Publisher | : Lexington Books |
| Total Pages | : 340 |
| Release | : 2010-08 |
| Genre | : Political questions and judicial power |
| ISBN | : 073913759X |
Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the majority regarded as a noble and crucial political agenda_in this case, to protect slavery and the political power of the slave-holding South, and thereby preserve the Union.
| Author | : Mark A. Graber |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2006-07-03 |
| Genre | : History |
| ISBN | : 9781139457071 |
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
| Author | : Roger Brooke Taney |
| Publisher | : Legare Street Press |
| Total Pages | : 0 |
| Release | : 2022-10-27 |
| Genre | : History |
| ISBN | : 9781017251265 |
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
| Author | : Earl M. Maltz |
| Publisher | : |
| Total Pages | : 200 |
| Release | : 2007 |
| Genre | : History |
| ISBN | : |
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
| Author | : Don Edward Fehrenbacher |
| Publisher | : |
| Total Pages | : 802 |
| Release | : 1978 |
| Genre | : History |
| ISBN | : |
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
| Author | : Amy Van Zee |
| Publisher | : ABDO Publishing Company |
| Total Pages | : 162 |
| Release | : 2012-09-01 |
| Genre | : Juvenile Nonfiction |
| ISBN | : 1614801630 |
The US Supreme Court is the head of the judicial branch of the federal government. It is the highest court in the land, with thousands of cases appealed to it every year. One of those history-making cases was Dred Scott v. Sanford, which addressed slavery and freedom before the Civil War. Readers will follow this case from beginning to end, including the social and political climates that led up to it and the effects it had after the court made its ruling. Major players and key events are discussed, including Dred and Harriet Scott, Judge Roger B. Taney, James Buchanan, John Sanford, John Emerson, and Eliza Scott. Compelling chapters and informative sidebars also cover the history of slavery in the Unites States and its territories, the Amistad case, civil rights, Winny v. Whitesides, the Missouri Compromise, and the Civil War. Dred Scott v. Sanford forever influenced laws on black citizenship and slavery in the territories. This landmark Supreme Court case changed the course of US history and shaped the country we live in. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.
| Author | : Dred Scott |
| Publisher | : Sagwan Press |
| Total Pages | : 48 |
| Release | : 2018-02-07 |
| Genre | : History |
| ISBN | : 9781376982930 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
| Author | : Austin Allen |
| Publisher | : University of Georgia Press |
| Total Pages | : 288 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 0820326534 |
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time.
| Author | : Andrew P. Napolitano |
| Publisher | : HarperChristian + ORM |
| Total Pages | : 305 |
| Release | : 2009-04-20 |
| Genre | : History |
| ISBN | : 1418575577 |
Racial hatred is one of the ugliest of human emotions. And the United States not only once condoned it, it also mandated it?wove it right into the fabric of American jurisprudence. Federal and state governments legally suspended the free will of blacks for 150 years and then denied blacks equal protection of the law for another 150. How did such crimes happen in America? How were the laws of the land, even the Constitution itself, twisted into repressive and oppressive legislation that denied people their inalienable rights? Taking the Dred Scott case of 1957 as his shocking center, Judge Andrew P. Napolitano tells the story of how it happened and, through it, builds a damning case against American statesmen from Lincoln to Wilson, from FDR to JFK. Born a slave in Virginia, Dred Scott sued for freedom based on the fact that he had lived in states and territories where slavery was illegal. The U.S. Supreme Court ruled against Scott, denied citizenship to blacks, and spawned more than a century of government-sponsored maltreatment that destroyed lives, suppressed freedom, and scarred our culture. Dred Scott's Revenge is the story of America's long struggle to provide a new context?one in which "All men are created equal," and government really treats them so.
