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Dred Scott and the Problem of Constitutional Evil

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ISBN-10: 0521861659

ISBN-13: 9780521861656

Edition: 2006

Authors: Mark A. Graber, Maeva Marcus, Melvin Urofsky, Mark Tushnet, Howard Gillman

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Description:

An examination of 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 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…    
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Book details

Copyright year: 2006
Publisher: Cambridge University Press
Publication date: 7/3/2006
Binding: Hardcover
Pages: 280
Size: 6.25" wide x 9.00" long x 1.00" tall
Weight: 1.188
Language: English

Acknowledgments
Introduction
Rehabilitating Dred Scott
The Problem of Constitutional Evil
Slavery as a Constitutional Evil
The Lessons of Dred Scott
The Dred Scott Decision
Critiques of Dred Scott
The Institutional Critique
The Historical Critique
The Aspirational Critique
Critiquing the Critiques
The Institutional Critique
The Historical Critique
The Aspirational Critique
Injustice and Constitutional Law
The Tyranny of Examples
From Constitutional Law to Constitutional Politics
The Constitutional Politics of Slavery
The Slavery Compromises Revisited
The Original Constitutional Politics of Slavery
Accommodating Evil in 1787
Cracks in the Constitutional Consensus
Toward the Future
The Compromises and Constitutional Development
The Original Constitutional Order in Action
The Constitutional Order Modified: 1820-1860
The Constitution and the Civil War
Republican Remedies and Constitutional Failure
Law and Politics
Compromising with Evil
Majoritarianism and Constitutional Evil
Lincoln's Majoritarianism
The Majoritarian Conception of Constitutional Evil
Problems with Democratic Majoritarianism
Contract, Consent, and Constitutional Evil
Lincoln on Constitutional Contracts and Constitutional Evil
The Contractual Conception of Constitutional Evil
The Constitution as a Contract
Cracks in the Constitutional Contract
Frustration of Constitution
Constitutional Relationships and Constitutional Evil
The Constitution as a Relational Contract
The Constitutional Case for Abandoning the Constitution of 1787
Voting for John Bell
Lincoln versus Bell
The Constitution of Today's Lincoln Voters
The Constitution of Today's Bell Voters
Constitutional Justice or Constitutional Peace
Index