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