The Dred Scott Case: Historical and Contemporary Perspectives on Race and LawDavid Thomas Konig, Paul Finkelman, Christopher Alan Bracey 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. Sandford raised 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 Law presents 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 that 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. |
Contents
Introduction | 1 |
Historical Perspectives The Power of the Past | 7 |
Historical Perspectives The Legacy of Dred Scott | 47 |
Contemporary Perspectives | 117 |
Judicial Perspectives | 191 |
| 253 | |
Contributors | 273 |
| 275 | |
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abolitionists Abraham Lincoln African Americans antislavery argued argument asserted Blair Boman Bork Brown century cited citizens citizenship civil rights claim clause color Congress contracts Corwin Court of Missouri David Debate with Stephen declared Democratic dignity discrimination dissent doctrine Douglas Dred and Harriet Dred Scott decision emancipation Emerson enslaved federal court Fehrenbacher Fort Snelling Fourteenth Amendment free blacks freedom suit Harriet Scott honor culture human property Ibid Illinois inferiority interpretation issue judges judicial Law Journal Law Review legacy Lochner Louis ment Missouri Compromise Missouri Supreme Court Negro Oxford University Press Paul Finkelman person political president proslavery protection race jurisprudence racial equality racism Reconstruction reparations Republican rule Scalia Scott Case Reconsidered Scott family slave slaveholders slavery social South Southern status stereotypes substantive due process Taney Taney’s Taney's opinion territories Thirteenth Amendment tion U.S. Supreme Court Union United Washington William York


