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Item Details
Title: SLAVERY AND THE SUPREME COURT, 1825-1861
By: Earl M. Maltz, Mark A. Graber (Foreword)
Format: Hardback

List price: £48.95
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ISBN 10: 0700616667
ISBN 13: 9780700616664
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Publisher: UNIVERSITY PRESS OF KANSAS
Pub. date: 3 November, 2009
Pages: 344
Description: During America's turbulent antebellum era, the Supreme Court decided important cases - most famously Dred Scott - that spoke to sectional concerns and shaped the nation's response to the slavery question. This title presents a comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861.
Synopsis: During America's turbulent antebellum era, the Supreme Court decided important cases - most famously Dred Scott - that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence.He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues.As the first accessible account of all of these cases, "Slavery and the Supreme Court, 1825-1861" underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
Publication: US
Imprint: University Press of Kansas
Returns: Returnable
Some other items by this author:
A NEW INTRODUCTION TO AMERICAN CONSTITUTIONALISM (HB)
A NEW INTRODUCTION TO AMERICAN CONSTITUTIONALISM (PB)
AMERICAN CONSTITUTIONALISM
CIVIL RIGHTS, THE CONSTITUTION AND CONGRESS, 1863-69 (HB)
COMPLETE AMERICAN CONSTITUTIONALISM, VOLUME FIVE, PART I (HB)
DRED SCOTT AND THE POLITICS OF SLAVERY (HB)
DRED SCOTT AND THE POLITICS OF SLAVERY (PB)
DRED SCOTT AND THE PROBLEM OF CONSTITUTIONAL EVIL
DRED SCOTT AND THE PROBLEM OF CONSTITUTIONAL EVIL (HB)
DRED SCOTT AND THE PROBLEM OF CONSTITUTIONAL EVIL (PB)
FUGITIVE SLAVE ON TRIAL (HB)
FUGITIVE SLAVE ON TRIAL (PB)
MARBURY VERSUS MADISON (HB)
REHNQUIST JUSTICE (PB)
RETHINKING ABORTION (HB)
RETHINKING ABORTION (PB)
RETHINKING CONSTITUTIONAL LAW (HB)
THE CHIEF JUSTICESHIP OF WARREN BURGER, 1969-1986 (HB)
THE COMING OF THE NIXON COURT
THE COMING OF THE NIXON COURT (HB)
THE COMPLETE AMERICAN CONSTITUTIONALISM, VOLUME ONE (HB)
THE FAMILY MEDICINE HANDBOOK (PB)
THE OXFORD HANDBOOK OF THE U.S. CONSTITUTION (HB)
THE OXFORD HANDBOOK OF THE U.S. CONSTITUTION (PB)
TRANSFORMING FREE SPEECH
TRANSFORMING FREE SPEECH (PB)

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