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Dred Scott and the Problem of ConstitutionalEvil. By Mark A. Graber. New York: Cambridge UniversityPress, 2006. 276p. $40.00.

Published online by Cambridge University Press:  14 May 2007

Lawrence Baum
Affiliation:
Ohio State University

Extract

Scott v. Sandford (1857), the DredScott decision, is the consensus choice as the worstdecision in the Supreme Court's history. Legal scholar David Curriesummarized the conventional view: Dred Scott was“bad law,” “bad policy,” and “bad judicial politics” (cited inJudges, p. 15). In this conventional view,Chief Justice Roger Taney's opinion for the Court misinterpreted theConstitution, and it took the morally indefensible position ofdisallowing citizenship and the rights of citizens for slaves andtheir descendants. The decision was also a political blunder: TheCourt intervened in the slavery issue in an effort to resolve it andprevent war, but instead inflamed passions and made war morelikely.

Information

Type
CRITICAL DIALOGUE
Copyright
© 2007 American Political Science Association

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