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Books > Social sciences > Politics & government > Political control & freedoms > Slavery & emancipation
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Dred Scott and the Dangers of a Political Court (Paperback)
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Dred Scott and the Dangers of a Political Court (Paperback)
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The Dred Scott decision of 1857 is widely (and correctly) regarded
as the very worst in the long history of the U.S. Supreme Court.
The decision held that no African American could ever be a U.S.
citizen and declared that the Missouri Compromise of 1820 was
unconstitutional and void. The decision thus appeared to promise
that slavery would be forever protected in the great American West.
Prompting mass outrage, the decision was a crucial step on the road
that led to the Civil War. Dred Scott and the Dangers of a
Political Court traces the history of the case and tells the story
of many of the key people involved, including Dred and Harriet
Scott, President James Buchanan, Chief Justice Roger Taney, and
Abraham Lincoln. The book also examines in some detail each of the
nine separate Opinions written by the Court's Justices, connecting
each with the respective Justices' past views on slavery and the
law. That examination demonstrates that the majority Justices were
willing to embrace virtually any flimsy legal argument they could
find at hand in an effort to justify the pro-slavery result they
had predetermined. Many modern commentators view the case chiefly
in relation to Roe v Wade and related controversies in modern
constitutional law: some conservative critics attempt to argue that
Dred Scott exemplifies 'aspirationalism' or 'judicial activism'
gone wrong; some liberal critics in turn try to argue that Dred
Scott instead represents 'originalism' or 'strict constructionism'
run amok. Here, Judge Ethan Greenberg demonstrates that none of
these modern critiques has much merit. The Dred Scott case was not
about constitutional methodology, but chiefly about slavery, and
about how very far the Dred Scott Court was willing to go to
protect the political interests of the slave-holding South. The
decision was wrong because the Court subordinated law and
intellectual honesty to politics. The case thus exemplifies the
dangers of a political Court.
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