Books for Prep | |
by: Mark A. Graber  List Price: $45.00 Amazon.com's Price: $31.90 You Save: $13.10 (29%)Prices subject to change. Availability: Usually ships in 24 hours
This item ships for FREE with Super Saver Shipping.
Binding: HardcoverDewey Decimal Number: 342.73087 EAN: 9780521861656 Edition: 1 ISBN: 0521861659 Label: Cambridge University Press Manufacturer: Cambridge University Press Number Of Items: 1 Number Of Pages: 278 Publication Date: July 03, 2006 Publisher: Cambridge University Press Studio: Cambridge University Press Related Items:
Browse for similar items by category: Click to Display Editorial Review: Product Description: Dred Scott and the Problem of Constitutional Evil 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. Book Description: Dred Scott and the Problem of Constitutional Evil offers a new interpretation of the constitutional law and politics of slavery. The Taney Court's conclusions that former slaves could not be American citizens and that slavery could not be banned in American territories was a plausible interpretation of the antebellum constitution. Average Rating:
 Rating: - Problematic analytical tools hurt value of this bookThis is an interesting effort to revive the horrible historical reputation of the dreadful Dred Scott decision. Although well researched and written in a smooth style, I question the use of 20th and 21st Century contract law analysis to criticize Lincoln's view of slavery restriction in the territories. Also, Graber limits his view of Madison's thoughts on slavery in the territories to the period around the Missouri Compromise. Later in life, Madison did accept that the Constitution provided Congress ... Read More 
In association with Amazon.com | |