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Author : Mark A. Graber
Publisher : Unknown
Page : 264 pages
File Size : 51,8 Mb
Release : 2006
Category : Constitutional history
ISBN : OCLC:1090032718
Author : Mark A. Graber
Publisher : Unknown
Page : 280 pages
File Size : 54,9 Mb
Release : 2006
Category : Electronic
ISBN : 0511225822
Author : Mark A. Graber
Publisher : Cambridge University Press
Page : 300 pages
File Size : 53,7 Mb
Release : 2006-07-03
Category : History
ISBN : 1139457071
Dred Scott and the Problem of Constitutional Evil , first published in 2006, 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.
Author : David Thomas Konig,Paul Finkelman,Christopher Alan Bracey
Publisher : Ohio University Press
Page : 292 pages
File Size : 51,7 Mb
Release : 2010-06-08
Category : History
ISBN : 9780821419120
The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --
Author : Austin Allen
Publisher : University of Georgia Press
Page : 288 pages
File Size : 47,9 Mb
Release : 2010-01-25
Category : History
ISBN : 9780820336640
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order—all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Author : Earl M. Maltz
Publisher : Unknown
Page : 200 pages
File Size : 47,8 Mb
Release : 2007
Category : History
ISBN : UOM:39015067639305
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
Author : Roger Brooke Taney,Israel Washburn,Horace Gray
Publisher : Legare Street Press
Page : 0 pages
File Size : 42,9 Mb
Release : 2022-10-27
Category : History
ISBN : 1017251266
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author : Mark A. Graber
Publisher : Oxford University Press
Page : 307 pages
File Size : 49,6 Mb
Release : 2015-03-06
Category : Law
ISBN : 9780190245238
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
Author : Mark A. Graber
Publisher : Oxford University Press, USA
Page : 308 pages
File Size : 43,8 Mb
Release : 2013-11
Category : Law
ISBN : 9780199943883
Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.
Author : George William Van Cleve
Publisher : University of Chicago Press
Page : 403 pages
File Size : 47,7 Mb
Release : 2010-10-15
Category : History
ISBN : 9780226846699
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Author : Jamal Greene
Publisher : HarperCollins
Page : 341 pages
File Size : 47,9 Mb
Release : 2021-03-16
Category : Law
ISBN : 9781328518149
AMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST | “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them. As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.
Author : Ray Raphael
Publisher : The New Press
Page : 309 pages
File Size : 42,5 Mb
Release : 2013-03-05
Category : History
ISBN : 9781595588388
Americans on both sides of the aisle love to reference the Constitution as the ultimate source of truth. But which truth? What did the framers really have in mind? In a book that author R.B. Bernstein calls “essential reading,” acclaimed historian Ray Raphael places the Constitution in its historical context, dispensing little-known facts and debunking popular preconceived notions. For each myth, Raphael first notes the kernel of truth it represents, since most myths have some basis in fact. Then he presents a big “BUT”—the larger context that reveals what the myth distorts. What did the framers see as the true role of government? What did they think of taxes? At the Constitutional Convention, how did they mix principles with politics? Did James Madison really father the Constitution? Did the framers promote a Bill of Rights? Do the so-called Federalist Papers reveal the Constitution's inner meaning? An authoritative and entertaining book, which “should appeal equally to armchair historians and professionals in the field” (Booklist), Constitutional Myths reveals what our founding document really says and how we should apply it today.
Author : Roger L. Ransom
Publisher : Cambridge University Press
Page : 340 pages
File Size : 55,6 Mb
Release : 1989-09-29
Category : Business & Economics
ISBN : 0521311675
In this book Professor Roger Ransom examines the economic and political factors that led to the attempt by Southerners to dissolve the Union in 1860, and the equally determined effort of Northerners to preserve it. Ransom argues that the system of capitalist slavery in the South not only "caused" the Civil War by producing tensions that could not be resolved by compromise; it also played a crucial role in the outcome of that war by crippling the southern war effort at the same time that emancipation became a unifying issue for the North. Ransom also carefully examines the impact that four years of war and the emancipation of slaves had both on the defeated South and the victorious North. -- From publisher's description.
Author : David A. Bateman
Publisher : Cambridge University Press
Page : 369 pages
File Size : 43,6 Mb
Release : 2018-10-25
Category : History
ISBN : 9781108470193
Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.
Author : Morton J. HORWITZ,Morton J Horwitz
Publisher : Harvard University Press
Page : 378 pages
File Size : 43,7 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674038783
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.