By Austin Allen
ISBN-10: 0820326534
ISBN-13: 9780820326535
The ideal Court's 1857 Dred Scott choice denied citizenship to African american citizens and enabled slavery's westward enlargement. It has lengthy stood as a grievous example of justice perverted by means of sectional politics. Austin Allen reveals that the end result of Dred Scott hinged now not on a unmarried issue--slavery--but on an online of assumptions, agendas, and commitments held jointly and separately by means of leader Justice Roger B. Taney and his colleagues.Allen conscientiously tracks arguments made via Taney courtroom justices in additional than 1,600 suggested instances within the twenty years sooner than Dred Scott and in its instant aftermath. through exhibiting us the political, expert, ideological, and institutional contexts within which the Taney courtroom labored, Allen finds that Dred Scott was once no longer easily a victory for the Court's prosouthern faction. It used to be in its place an outgrowth of Jacksonian jurisprudence, an highbrow approach that charged the courtroom with retaining slavery, keeping either federal strength and country sovereignty, selling fiscal improvement, and securing the felony foundations of an rising company order--all even as. here's a wealth of latest perception into the inner dynamics of the Taney courtroom and the origins of its such a lot notorious selection.
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Extra info for Origins of the Dred Scott Case: Jacksonian Jurisprudence And the Supreme Court, 1837-1857 (Studies in the Legal History of the South)
Example text
0p —— Norm PgEn [30], r ealizing popular sover eignty 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 31 promotion of self-rule in this fashion, as the justices well knew, carried significant implications for power relations in American society, and the directions in which the court moved deeply disturbed three members, although for different reasons. According to their separate critiques, Taney Court jurisprudence insufficiently restrained state legislatures, slighted individual liberties, and even trampled states’ rights.
3 Only the tight regulation and close supervision of employees would ensure public safety. Grier’s ruling captured both the status anxiety and professional sensibility that ran through much of the Taney Court’s discourse, especially in its common-law rulings. 0p —— Norm PgEn [36], imposing self-rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 37 law, Taney Court members used their decisions in private law to coerce individuals to stand by obligations incurred in the market.
0p —— Norm PgEn [37], 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 beneath dr ed scott the responsibilities of self-government. This predisposition intermingled with the justices’ anxiety over the state of the social order and produced an emphasis on an individuated popular sovereignty that expressed simultaneously the court’s partisan and cultural concerns. Few decisions revealed this process more clearly than the superficially unremarkable case of Bend v.