Slavery And The Supreme Court 1825 1861 PDF Download
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Author | : Earl M. Maltz |
Publisher | : University Press of Kansas |
Total Pages | : 384 |
Release | : 2009-11-03 |
Genre | : Law |
ISBN | : 0700616667 |
Download Slavery and the Supreme Court, 1825–1861 Book in PDF, ePub and Kindle
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.
Author | : Earl M. Maltz |
Publisher | : |
Total Pages | : 192 |
Release | : 2010 |
Genre | : History |
ISBN | : |
Download Fugitive Slave on Trial Book in PDF, ePub and Kindle
Chronicles the case of a runaway slave who was tracked to Boston by his owner. Compellingly details the struggle over his fate and how that became a focal point for national controversy. Reveals how the case became one of the most dramatic and widely publicized events in the long-running conflict over the issue of fugitive slaves.
Author | : Thomas D. Morris |
Publisher | : Univ of North Carolina Press |
Total Pages | : 588 |
Release | : 2004-01-21 |
Genre | : Law |
ISBN | : 0807864307 |
Download Southern Slavery and the Law, 1619-1860 Book in PDF, ePub and Kindle
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
Author | : Judith Kelleher Schafer |
Publisher | : |
Total Pages | : 389 |
Release | : 1994 |
Genre | : Social Science |
ISBN | : 9780807118450 |
Download Slavery, the Civil Law, and the Supreme Court of Louisiana Book in PDF, ePub and Kindle
Analyzes the evolution of Louisiana's slave laws from the territorial period to the Civil War, drawing in part on material recently made available by the Louisiana Supreme Court, and appeals involving slaves as plaintiffs, defendants, and objects in lawsuits and criminal actions. Topics include sour
Author | : Alfred L. Brophy |
Publisher | : |
Total Pages | : |
Release | : 2016-07-01 |
Genre | : Jurisprudence |
ISBN | : 9780190625931 |
Download University, Court, and Slave Book in PDF, ePub and Kindle
Alfred L. Brophy's University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people -- sometimes dozens of people -- and profited from their labor while many were physically abused on their campuses. Education was often paid for through the profits of enslaved labor. University faculty -- and students -- also promoted the institution of slavery. They wrote about the history of slavery, its central role in the southern economy, and developed a political theory that justified keeping some people in slavery. The university faculty spoke a common language of economic utility, history, and philosophy with those who made the laws for the southern states. That extensive writing promoting slavery helps us understand how southern politicians and judges thought about slavery. As antislavery rhetoric gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, proslavery jurisprudence. Following Lincoln's November 1860 election southern academics joined politicians, judges, lawyers, and other leaders to argue that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. In some cases, academics took their case to the southern public and, in one case, to the battlefield, to defend slavery.
Author | : Earl M. Maltz |
Publisher | : University Press of Kansas |
Total Pages | : 262 |
Release | : 2016-08-13 |
Genre | : Law |
ISBN | : 0700622780 |
Download The Coming of the Nixon Court Book in PDF, ePub and Kindle
Beginning with Brown v. Board of Education and continuing with a series of decisions that, among other things, expanded the reach of the Bill of Rights, the Supreme Court that Richard Nixon inherited had presided over a progressive revolution in the law. But by 1972 Nixon had managed to replace four members of the so-called Warren Court with justices more aligned with his own law-and-order conservatism. Nixon's appointees—Warren Burger as Chief Justice and Harry Blackmun, Lewis Powell, and William Rehnquist as associate justices—created a politically diverse bench, one that included not only committed progressives and conservatives, but also justices with a wide variety of more moderate views. The addition of the Nixon justices dramatically changed the trajectory of American constitutional jurisprudence with ramifications continuing to this day. This book is an account of the actions of the "Nixon Court" during the 1972 term—a term during which one of the most politically diverse benches of the era would confront a remarkably broad array of issues with major implications for the future of constitutional law. By looking at the term's cases—most notably Roe v. Wade, but also those addressing school desegregation, criminal procedure, obscenity, the rights of the poor, gender discrimination, and aid to parochial schools—Earl Maltz offers a detailed picture of the unique interactions behind each decision. His book provides the reader with a rare close-up view of the complexity of the forces that shape the responses of a politically diverse Court to ideologically divisive issues—responses that, taken together, would shape the evolution of constitutional doctrine for decades to come.
Author | : David Thomas Konig |
Publisher | : Ohio University Press |
Total Pages | : 292 |
Release | : 2010-06-08 |
Genre | : History |
ISBN | : 0821419129 |
Download The Dred Scott Case Book in PDF, ePub and Kindle
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, 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. --
Author | : Michael F. Conlin |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108495273 |
Download The Constitutional Origins of the American Civil War Book in PDF, ePub and Kindle
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author | : Christopher P. Banks |
Publisher | : Rowman & Littlefield |
Total Pages | : 363 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0742535045 |
Download The U.S. Supreme Court and New Federalism Book in PDF, ePub and Kindle
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
Author | : Paul Jennings |
Publisher | : |
Total Pages | : 36 |
Release | : 1865 |
Genre | : Enslaved persons' writings, American |
ISBN | : |
Download A Colored Man's Reminiscences of James Madison Book in PDF, ePub and Kindle