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Dred Scott and the Problem of Constitutional Evil (Paperback)
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Dred Scott and the Problem of Constitutional Evil (Paperback)
Series: Cambridge Studies on the American Constitution
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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.
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