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Dred Scott And The Problem Of Constitutional Evil
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Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil 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.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2008-03-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil 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.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by . This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new interpretation of the constitutional law and politics of slavery. The Taney Court's conclusions that former slaves could not be American citizens and that slavery could not be banned in American territories was constitutionally sound, contrary to many opinions.
Book Synopsis The Dred Scott Case by : David Thomas Konig
Download or read book The Dred Scott Case written by David Thomas Konig and published by Ohio University Press. This book was released on 2010-06-08 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --
Book Synopsis Origins of the Dred Scott Case by : Austin Allen
Download or read book Origins of the Dred Scott Case written by Austin Allen and published by University of Georgia Press. This book was released on 2010-01-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. 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. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber
Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
Book Synopsis Dred Scott and the Politics of Slavery by : Earl M. Maltz
Download or read book Dred Scott and the Politics of Slavery written by Earl M. Maltz and published by Landmark Law Cases & American. This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ
Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Book Synopsis Constitutional Myths by : Ray Raphael
Download or read book Constitutional Myths written by Ray Raphael and published by The New Press. This book was released on 2013-03-05 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.
Book Synopsis The Dred Scott Case by : Roger Brooke Taney
Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Slaveholders' Union by : George William Van Cleve
Download or read book A Slaveholders' Union written by George William Van Cleve and published by University of Chicago Press. This book was released on 2010-10-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Book Synopsis How Rights Went Wrong by : Jamal Greene
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Book Synopsis Dred Scott and the Dangers of a Political Court by : Ethan Greenberg
Download or read book Dred Scott and the Dangers of a Political Court written by Ethan Greenberg and published by Lexington Books. This book was released on 2010-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Book Synopsis Dred Scott v. Sandford by : Paul Finkelman
Download or read book Dred Scott v. Sandford written by Paul Finkelman and published by Macmillan Higher Education. This book was released on 2016-09-02 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other Supreme Court decision has had the political impact of Dred Scott v. Sandford. Using a variety of documents that reflect regional opinions and political debates, Paul Finkelman examines the 1857 decision that helped set in motion the events that eventually led to a new birth of freedom and the abolition of slavery in the United States. A revised Introduction reveals new understandings of the case and recently discovered evidence about Dred Scott, his wife Harriet, his owners, his lawyers, and the history of freedom suits in Missouri. New text sources include President James Buchanan’s inaugural address and the post-Civil War Amendments, which collectively reversed the major holdings in Dred Scott. This new edition also contains Questions for Consideration, an updated Selected Bibliography, and a Chronology of Events Related to Dred Scott.
Book Synopsis Andrew Jackson and the Constitution by : Gerard N. Magliocca
Download or read book Andrew Jackson and the Constitution written by Gerard N. Magliocca and published by . This book was released on 2007 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.
