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5 result(s) for "Scott, Dred, 1809-1858 -- Trials, litigation, etc"
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Mrs. Dred Scott : a life on slavery's frontier
In telling the life of Harriet, Dred's wife and co-litigant in the case, this book provides a compensatory history to the generations of work that missed key sources only recently brought to light. Moreover, it gives insight into the reasons and ways that slaves used the courts to establish their freedom. --from publisher description
Dred Scott and the Problem of Constitutional Evil
Dred Scott and the Problem of Constitutional Evil , first published in 2006, 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.
Mrs. Dred Scott : a life on slavery's frontier
Among the most infamous U.S. Supreme Court decisions is Dred Scott v. Sandford. Despite the case’s signal importance as a turning point in America’s history, the lives of the slave litigants have receded to the margins of the record, as conventional accounts have focused on the case’s judges and lawyers. In telling the life of Harriet, Dred’s wife and co-litigant in the case, this book provides a compensatory history to the generations of work that missed key sources only recently brought to light. Moreover, it gives insight into the reasons and ways that slaves used the courts to establish their freedom. A remarkable piece of historical detective work, Mrs. Dred Scott chronicles Harriet’s life from her adolescence on the 1830s Minnesota-Wisconsin frontier, to slavery-era St. Louis, through the eleven years of legal wrangling that ended with the high court’s notorious decision. The book not only recovers her story, but also reveals that Harriet may well have been the lynchpin in this pivotal episode in American legal history. Reconstructing Harriet Scott’s life through innovative readings of journals, military records, court dockets, and even frontier store ledgers, VanderVelde offers a stunningly detailed account that is at once a rich portrait of slave life, an engrossing legal drama, and a provocative reassessment of a central event in U.S. constitutional history. More than a biography, the book is a deep social history that freshly illuminates some of the major issues confronting antebellum America, including the status of women, slaves, Free Blacks, and Native Americans.
Origins of the Dred Scott Case
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
The Dred Scott Case
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court,Dred Scott v. Sandfordraised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.The Dred Scott Case: Historical and Contemporary Perspectives on Race and Lawpresents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans \"had no rights\" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.Contributors:Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff