Authors: Mark A. Graber
ISBN-13: 9780521728577, ISBN-10: 0521728576
Format: Paperback
Publisher: Cambridge University Press
Date Published: March 2008
Edition: New Edition
Mark A. Graber is a professor of government at the University of Maryland College Park and a professor of law at the University of Maryland School of Law. He previously taught law and political science at the University of Texas. He is the author of Transforming Free Speech (1991), Rethinking Abortion (1996), and numerous articles on American constitutional development, law and politics. His many awards include the Edward Corwin Prize (best dissertation), the Hughes Goessart Prize (best article in the Journal of the History of the Supreme Court), and the Congressional Quarterly Prize (best published article on public law). He is a member of the American Political Science Association and the American Association of Law Schools. During the 2005-06 academic year, he was head of the Law and Courts section of the American Political Science Association.
Dred Scott and the Problem of Constitutional Evil offers a new interpretation of the constitutional law and politics of slavery.
Rehabilitating Dred Scott | 1 | |
The problem of constitutional evil | 8 | |
Slavery as a constitutional evil | 12 | |
Pt. 1 | The lessons of Dred Scott | 15 |
The Dred Scott decision | 18 | |
Critiques of Dred Scott | 20 | |
Critiquing the critiques | 28 | |
Injustice and constitutional law | 83 | |
Pt. 2 | The constitutional politics of slavery | 91 |
The slavery compromises revisited | 93 | |
The compromises and constitutional development | 115 | |
The Constitution and the Civil War | 167 | |
Pt. 3 | Compromising with evil | 173 |
Majoritarianism and constitutional evil | 179 | |
Contract, consent, and constitutional evil | 198 | |
Constitutional relationships and constitutional evil | 219 | |
Voting for John Bell | 237 | |
Lincoln versus Bell | 241 | |
Constitutional justice or constitutional peace | 252 |