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Author: Don Edward Fehrenbacher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 802
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Book Description
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Author: Don Edward Fehrenbacher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 802
Get Book Here
Book Description
Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.
Author: Edward B. Rugemer
Publisher: Harvard University Press
ISBN: 0674982991
Category : History
Languages : en
Pages : 401
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Book Description
Winner of the Jerry H. Bentley Book Prize, World History Association The success of the English colony of Barbados in the seventeenth century, with its lucrative sugar plantations and enslaved African labor, spawned the slave societies of Jamaica in the western Caribbean and South Carolina on the American mainland. These became the most prosperous slave economies in the Anglo-American Atlantic, despite the rise of enlightened ideas of liberty and human dignity. Slave Law and the Politics of Resistance in the Early Atlantic World reveals the political dynamic between slave resistance and slaveholders’ power that marked the evolution of these societies. Edward Rugemer shows how this struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other. In both Jamaica and South Carolina, a draconian system of laws and enforcement allowed slave masters to maintain control over the people they enslaved, despite resistance and recurrent slave revolts. Brutal punishments, patrols, imprisonment, and state-sponsored slave catchers formed an almost impenetrable net of power. Yet slave resistance persisted, aided and abetted by rising abolitionist sentiment and activity in the Anglo-American world. In South Carolina, slaveholders exploited newly formed levers of federal power to deflect calls for abolition and to expand slavery in the young republic. In Jamaica, by contrast, whites fought a losing political battle against Caribbean rebels and British abolitionists who acted through Parliament. Rugemer’s comparative history spanning two hundred years of slave law and political resistance illuminates the evolution and ultimate collapse of slave societies in the Atlantic World.
Author: Earl M. Maltz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 200
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Book Description
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.
Author: R. J. M. Blackett
Publisher: UNC Press Books
ISBN: 1469608782
Category : Social Science
Languages : en
Pages : 137
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Book Description
The 1850 Fugitive Slave Law, which mandated action to aid in the recovery of runaway slaves and denied fugitives legal rights if they were apprehended, quickly became a focal point in the debate over the future of slavery and the nature of the union. In Making Freedom, R. J. M. Blackett uses the experiences of escaped slaves and those who aided them to explore the inner workings of the Underground Railroad and the enforcement of the Fugitive Slave Law, while shedding light on the political effects of slave escape in southern states, border states, and the North. Blackett highlights the lives of those who escaped, the impact of the fugitive slave cases, and the extent to which slaves planning to escape were aided by free blacks, fellow slaves, and outsiders who went south to entice them to escape. Using these stories of particular individuals, moments, and communities, Blackett shows how slave flight shaped national politics as the South witnessed slavery beginning to collapse and the North experienced a threat to its freedom.
Author: George William Van Cleve
Publisher: University of Chicago Press
ISBN: 0226846695
Category : History
Languages : en
Pages : 403
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Book Description
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107328675
Category : Political Science
Languages : en
Pages : 207
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Book Description
For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
Author: Don Edward Fehrenbacher
Publisher:
ISBN: 9780195028836
Category : History
Languages : en
Pages : 340
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Book Description
Abridged ed. of the author's The Dred Scott case, its significance in American law and politics.
Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191616281
Category : Political Science
Languages : en
Pages : 828
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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: Avidit Acharya
Publisher: Princeton University Press
ISBN: 0691203725
Category : Political Science
Languages : en
Pages : 296
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Book Description
"Despite dramatic social transformations in the United States during the last 150 years, the South has remained staunchly conservative. Southerners are more likely to support Republican candidates, gun rights, and the death penalty, and southern whites harbor higher levels of racial resentment than whites in other parts of the country. Why haven't these sentiments evolved or changed? Deep Roots shows that the entrenched political and racial views of contemporary white southerners are a direct consequence of the region's slaveholding history, which continues to shape economic, political, and social spheres. Today, southern whites who live in areas once reliant on slavery--compared to areas that were not--are more racially hostile and less amenable to policies that could promote black progress. Highlighting the connection between historical institutions and contemporary political attitudes, the authors explore the period following the Civil War when elite whites in former bastions of slavery had political and economic incentives to encourage the development of anti-black laws and practices. Deep Roots shows that these forces created a local political culture steeped in racial prejudice, and that these viewpoints have been passed down over generations, from parents to children and via communities, through a process called behavioral path dependence. While legislation such as the Civil Rights Act and the Voting Rights Act made huge strides in increasing economic opportunity and reducing educational disparities, southern slavery has had a profound, lasting, and self-reinforcing influence on regional and national politics that can still be felt today. A groundbreaking look at the ways institutions of the past continue to sway attitudes of the present, Deep Roots demonstrates how social beliefs persist long after the formal policies that created those beliefs have been eradicated."--Jacket.
Author: R. J. M. Blackett
Publisher: Cambridge University Press
ISBN: 1108418716
Category : History
Languages : en
Pages : 531
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Book Description
Examines the impact fugitive slaves had on the Fugitive Slave Law and the coming of the American Civil War.
