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The Dred Scott Case: Its Significance in American Law and Politics

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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 known as “the most incessantly 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 because of having lived with his master in the free state of Illinois and in federal territory where slavery was once forbidden by the Missouri Compromise. The decision did a lot more than get to the bottom of the fate of an elderly black man and his circle of relatives: Dred Scott v. Sanford was once 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 legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery. This book represents a skillful review of the issues before The usa 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, even as the remainder puts the legal and judicial question of slavery into the broadest conceivable 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.

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