Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil

by Mark A. Graber
     
 

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… See more details below

Overview

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 rights. 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.

Read More

Product Details

ISBN-13:
9780521728577
Publisher:
Cambridge University Press
Publication date:
03/31/2008
Series:
Cambridge Studies on the American Constitution Series
Edition description:
New Edition
Pages:
280
Product dimensions:
6.14(w) x 9.21(h) x 0.59(d)

Table of Contents

Rehabilitating Dred Scott1
The problem of constitutional evil8
Slavery as a constitutional evil12
Pt. 1The lessons of Dred Scott15
The Dred Scott decision18
Critiques of Dred Scott20
Critiquing the critiques28
Injustice and constitutional law83
Pt. 2The constitutional politics of slavery91
The slavery compromises revisited93
The compromises and constitutional development115
The Constitution and the Civil War167
Pt. 3Compromising with evil173
Majoritarianism and constitutional evil179
Contract, consent, and constitutional evil198
Constitutional relationships and constitutional evil219
Voting for John Bell237
Lincoln versus Bell241
Constitutional justice or constitutional peace252

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >