Download Origins of the Dred Scott Case: Jacksonian Jurisprudence And by Austin Allen PDF

By Austin Allen

The best 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 via sectional politics. Austin Allen unearths 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 through leader Justice Roger B. Taney and his colleagues.Allen rigorously tracks arguments made via Taney courtroom justices in additional than 1,600 suggested instances within the twenty years ahead of 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 used to be no longer easily a victory for the Court's prosouthern faction. It was once as a substitute an outgrowth of Jacksonian jurisprudence, an highbrow procedure that charged the court docket with conserving slavery, protecting either federal strength and country sovereignty, selling fiscal improvement, and securing the criminal foundations of an rising company order--all whilst. here's a wealth of latest perception into the interior dynamics of the Taney court docket and the origins of its so much notorious choice.

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Additional 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

Calhoun, compact theory asserted that the Union developed out of an agreement among the states. This mutual, perhaps temporary, arrangement emerged out of convenience, placed no limits on the states’ sovereignty, and conferred on the federal government no power to intervene in the states’ internal affairs. The court responded in a succession of important cases that the Union represented a government of the people that placed the states, for certain purposes, in strict subordination to the federal government.

The southerners’ faction fell apart immediately after the court issued its ruling in Dred Scott, and Daniel again stood alone. Such a rapid collapse raises the possibility that Taney subtly responded to his colleagues’ concerns in the course of his opinion. 0p —— Shor PgEn [34], 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 35 flanked by individual dissenters unwilling or unable to articulate persuasive alternatives to the court’s overall vision.

The justices, although deeply fragmented on occasion, thus allowed the states to push their police powers to the limits of their constitutional boundaries. States could compel shipmasters to post bonds to cover the cost of sick, widowed, or orphaned immigrants likely to become dependent on the state for relief but could not levy a tax on healthy immigrants. 0p —— Norm PgEn [26], 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 27 in interstate commerce.

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