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Dred Scott and the Problem of Constitutional Evil

ISBN-10: 0521728576

ISBN-13: 9780521728577

Edition: 2008

Authors: Mark A. Graber

List price: $30.99
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Description:

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.
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Book details

List price: $30.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 3/31/2008
Binding: Paperback
Pages: 280
Size: 6.00" wide x 9.50" long x 0.75" tall
Weight: 0.880
Language: English

The Lessons of Dred Scott
The Dred Scott decision
Critiques of Dred Scott
Critiquing the critiques
Injustice and constitutional Law
The Constitutional Politics of Slavery
The slavery compromises revisited
The compromises and constitutional development
The Constitutional Order modified: 1820-1860
The constitution and the civil war
Compromising with Evil
Majoritarianism and constitutional evil
Contract, consent, and constitutional evil
Constitutional relationships and constitutional evil
Voting For John Bell
Lincoln v. Bell
Constitutional justice or constitutional peace