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Dred Scott Case Its Significance in American Law and Politics

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ISBN-10: 0195145887

ISBN-13: 9780195145885

Edition: 2001

Authors: Don E. Fehrenbacher

List price: $29.99
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Description:

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 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.
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Book details

List price: $29.99
Copyright year: 2001
Publisher: Oxford University Press, Incorporated
Publication date: 5/24/2001
Binding: Paperback
Pages: 768
Size: 6.00" wide x 9.25" long x 1.75" tall
Weight: 2.618
Language: English

Introduction
Out Of The Past
Race, Slavery, and the Origins of the Republic
Slavery in the American Constitutional System
The Pursuit of Freedom
Expansion and Slavery in Early National Politics
Expansion and Slavery in a Continental Republic
The Territorial Question, 1848-1854
Toward Judicial Resolution
The Taney Court and Judicial Power
A Decade Of Litigation
Dred Scott and His Travels
Versus Emerson
Versus Sandford
Before the Supreme Court
Voices in Confusion
What the Court Decided
The Opinion of the Court: Negroes and Citizenship
The Opinion of the Court: Slavery in the Territories
Concurrence and Dissent
Consequences and Echoes
The Judges Judged
The Lecompton Connection
The Freeport Doctrine
Not Peace But a Sword
Reasons Why
In the Stream of History
Notes
Index