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1 Burnside African American Studies- Slavery and Reconstruction

This title in other editions

Other titles in the Landmark Law Cases & American Society series:

Dred Scott and the Politics of Slavery (Landmark Law Cases and American Society)

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Dred Scott and the Politics of Slavery (Landmark Law Cases and American Society) Cover

 

Synopses & Reviews

Publisher Comments:

The slave Dred Scott claimed that his residence in a free state transformed him into a free man. His lawsuit took many twists and turns before making its way to the Supreme Court in 1856. But when the Court ruled against him, the ruling sent shock waves through the nation and helped lead to civil war.

Writing for the 7-to-2 majority, Chief Justice Roger Taney asserted that blacks were not and never could be citizens. Taney also ruled that the Missouri Compromise of 1820 was unconstitutional, upsetting the balance of slave and free states. Earl Maltz now offers a new look at this landmark case, presenting Dred Scott as a turning point in an already contentious national debate.

Maltz's accessible account depicts Dred Scott as both a contributing factor to war and the result of a political climate that had grown so threatening to the South that overturning the Missouri Compromise was considered essential. As the nation continued its rapid expansion, Southerners became progressively more fearful of the free states' growing political clout. In that light, the ruling from a Court filled with justices sympathetic to the Southern cause, though far from surprising helped light the long fuse that eventually exploded into Civil War.

Maltz offers an uncommonly balanced look at the case, taking Southern concerns seriously to cast new light on why proponents of slavery saw things as they did. He presents the arguments of all the parties impartially, tracks the sequence of increasingly strained compromises between pro- and anti-slavery forces, and demonstrates how political and sectional influences infiltrated the legal issues. He then traces the impact of the case on Northern and Southern public opinion, showing how a decision meant to resolve the question of slavery in the territories only aggravated sectional animosity.

By presenting a more nuanced picture of the pro-Southern justices on the Court, Maltz offers readers a better understanding of how they came to their opinions, even as they failed to anticipate the impact their decision would have—a miscalculation that to some degree undermined the Court's power and authority within the American political system. Ultimately, as Maltz suggests, this is a story of judicial failure, one that remains a vital chapter in American law and one that must be mastered by anyone wishing to understand the peculiar nature of our national history.

Synopsis:

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.

Table of Contents

Editors' Preface

Acknowledgments

1. Introduction

2. The Politics of Slavery, 1785-1842

3. The Supreme Court and Slavery, 1825-1842

4. Slavery in the Territories, 1842-1856

5. The Road to the Supreme Court

6. The Supreme Court in 1856

7. Arguments and Deliberations

8. The Opinions of the Justices

9. The Impact of Dred Scott

10. Dred Scott and the Limits of Judicial Power

Chronology

Bibliographic Essay

Index

Product Details

ISBN:
9780700615032
Author:
Maltz, Earl M
Publisher:
University Press of Kansas
Author:
Maltz, Earl M.
Subject:
Legal History
Subject:
Constitutional
Subject:
Law | Constitutional Law
Copyright:
Edition Description:
Paperback
Series:
Landmark Law Cases & American Society
Publication Date:
20070331
Binding:
TRADE PAPER
Language:
English
Pages:
192
Dimensions:
8.45x6.34x.54 in. .55 lbs.

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Related Subjects

History and Social Science » African American Studies » General
History and Social Science » African American Studies » Slavery and Reconstruction
History and Social Science » Law » Constitutional Law
History and Social Science » Law » General

Dred Scott and the Politics of Slavery (Landmark Law Cases and American Society) Used Trade Paper
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Product details 192 pages University Press of Kansas - English 9780700615032 Reviews:
"Synopsis" by , 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.
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