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The Resource Dred Scott and the dangers of a political court, Ethan Greenberg

Dred Scott and the dangers of a political court, Ethan Greenberg

Label
Dred Scott and the dangers of a political court
Title
Dred Scott and the dangers of a political court
Statement of responsibility
Ethan Greenberg
Creator
Subject
Language
eng
Summary
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
http://library.link/vocab/creatorDate
1957-
http://library.link/vocab/creatorName
Greenberg, Ethan
Dewey number
342.73
Index
index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/subjectName
  • Scott, Dred
  • Sanford, John F. A
  • Slavery
  • Political questions and judicial power
Label
Dred Scott and the dangers of a political court, Ethan Greenberg
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Color
multicolored
Contents
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 -- 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 -- 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
Control code
ocn813846216
Dimensions
unknown
Edition
1st paperback ed
Extent
1 online resource (ix, 328 pages)
File format
unknown
Form of item
online
Isbn
9780739137604
Level of compression
unknown
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)813846216
Label
Dred Scott and the dangers of a political court, Ethan Greenberg
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Color
multicolored
Contents
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 -- 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 -- 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
Control code
ocn813846216
Dimensions
unknown
Edition
1st paperback ed
Extent
1 online resource (ix, 328 pages)
File format
unknown
Form of item
online
Isbn
9780739137604
Level of compression
unknown
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)813846216

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