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Dred Scott and the Problem of Constitutional Evil
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  • Cited by 21
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    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Thurston, Thomas 2007. SLAVERY: ANNUAL BIBLIOGRAPHICAL SUPPLEMENT (2006). Slavery & Abolition, Vol. 28, Issue. 3, p. 407.

    Keck, Thomas M. 2007. Party Politics or Judicial Independence? The Regime Politics Literature Hits the Law Schools. Law & Social Inquiry, Vol. 32, Issue. 2, p. 511.

    Graber, Mark A. 2008. The Countermajoritarian Difficulty: From Courts to Congress to Constitutional Order. Annual Review of Law and Social Science, Vol. 4, Issue. 1, p. 361.

    Miller, Lisa L. 2010. The Invisible Black Victim: How American Federalism Perpetuates Racial Inequality in Criminal Justice. Law & Society Review, Vol. 44, Issue. 3-4, p. 805.

    Den Otter, Ronald C. 2011. To Deviate or Not to Deviate. Res Publica, Vol. 17, Issue. 4, p. 405.

    Goldstein, Leslie Friedman 2011. A “Triumph of Freedom” After All? Prigg v. Pennsylvania Re-examined. Law and History Review, Vol. 29, Issue. 03, p. 763.

    Schmitt, Jeffrey M. 2011. The Antislavery Judge Reconsidered. Law and History Review, Vol. 29, Issue. 03, p. 797.

    Novkov, Julie 2011. Legal Archaeology. Political Research Quarterly, Vol. 64, Issue. 2, p. 348.

    Lewis, Frederick 2012. The Impact of Transformations in National Cultural Identity upon Competing Constitutional Narratives in the United States of America. International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, Vol. 25, Issue. 2, p. 177.

    Brophy, Alfred L. 2013. A Companion to American Legal History. p. 67.

    Bernstein, David E. 2013. Toward an American Conservatism. p. 35.

    Epstein, Lee and Knight, Jack 2013. Reconsidering Judicial Preferences. Annual Review of Political Science, Vol. 16, Issue. 1, p. 11.

    Hart, William David 2014. Slaves, Fetuses, and Animals. Journal of Religious Ethics, Vol. 42, Issue. 4, p. 661.

    2014. Political Argumentation in the United States. Vol. 7, Issue. , p. 125.

    Bridge, Dave 2015. The Supreme Court, Factions, and the Counter-Majoritarian Difficulty. Polity, Vol. 47, Issue. 4, p. 420.

    Hull, Gordon 2017. Equitable relief as a relay between juridical and biopower: the case of school desegregation. Continental Philosophy Review, Vol. 50, Issue. 2, p. 225.

    Collins, Michael and Woolhandler, Ann 2018. Judicial Federalism under Marshall and Taney. The Supreme Court Review, Vol. 2017, Issue. 1, p. 337.

    Livesey, Andrea H. 2018. Race, slavery, and the expression of sexual violence in Louisa Picquet, the Octoroon. American Nineteenth Century History, Vol. 19, Issue. 3, p. 267.

    Jones, Martha S. 2018. Birthright Citizens.

    Roux, Theunis 2018. The Politico-Legal Dynamics of Judicial Review.

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    Dred Scott and the Problem of Constitutional Evil
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Book description

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.


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