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Dred Scott and the Problem of Constitutional Evil (Cambridge Studies on the American Constitution) 1st Edition
Purchase options and add-ons
- ISBN-100521728576
- ISBN-13978-0521728577
- Edition1st
- PublisherCambridge University Press
- Publication dateMarch 31, 2008
- LanguageEnglish
- Dimensions6.14 x 0.64 x 9.21 inches
- Print length280 pages
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Editorial Reviews
Review
Jack M. Balkin, Yale Law School
"To say that Professor Graber has written an important book is an understatement. No book published in recent years is more illuminating both about the practice of constitutional interpretation and the sometimes pernicious effects of the basic structures of American government established by the Constitution. Every scholar must read this book. More to the point, so should anyone who is concerned with the health of the American polity."
Sanford Levinson, University of Texas Law School
"Here is one of the most provocative books on constitutional law you will ever read, about history's most reviled case. Bucking the tide, Graber argues the Supreme Court actually got it right in Dred Scott. Constitutions, Graber explains, often are compromises with the devil. Once made, there are no tricks of constitutional law or interpretation that can make the evil go away."
Barry Friedman, New York University School of Law
"Constitutional 'evil' is an unsettling idea. It is a wrenching and embarrassing part of American constitutional history, but it is often painted with a light brush. In this fascinating book, Mark Graber has brilliantly compelled us to do much more. No longer can we ignore evil in our own experience. The emphasis on the Dred Scott case is a superb choice to highlight within the many other examples that are also considered. It provokes us to think about evil in its many forms -- from racial to institutional. It is a powerful solvent against the notion of American exceptionalism."
Thomas D. Morris, author of Southern Slavery and the Law, 1619-1860 and Cleveland-Marshall College of Law
"Mark Graber shows that, sadly, the Dred Scott decision's grim affirmation of slavery's constitutionality was an all too reasonable reading of American law. He then poses an even more painful question: whether the Civil War was the best route to eradicating that great constitutional evil. His sobering reflections will stimulate disagreements but also deeper understanding of monumental issues that are very much with us today."
Rogers M. Smith, University of Pennsylvania
"...one of the best and most fascinating works of constitutional theory to emerge in the past decade..."
The American Prospect , Scott Lemieux
"Dred Scott and the Problem of Constitutional Evil is the most interesting and original book on American constitutionalism that I have read in years."
Thomas M. Keck, Maxwell School of Citizenship and Public Affairs, Syracuse University, The Law and Politics Book Review
"this very important work recovers suprisingly significant elements of antebellum constitutional thought. It is relentlessly discomfiting and it forces one to recognize how strongly constitutional evil drove early American political development. It deserves a wide reading." - Richard M. Valelly, Swarthmore College
"This is a sharp and refreshingly realistic book about the limits of constitutional law." - Gerard N. Magliocca, Indiana University School of Law
"Graber offers an interesting, if controversial, approach to understanding constitutional history and the role of both the President and the Supreme Court in constitutional changes." -Council on National Literatures
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Product details
- Publisher : Cambridge University Press; 1st edition (March 31, 2008)
- Language : English
- Paperback : 280 pages
- ISBN-10 : 0521728576
- ISBN-13 : 978-0521728577
- Item Weight : 14.5 ounces
- Dimensions : 6.14 x 0.64 x 9.21 inches
- Best Sellers Rank: #2,393,943 in Books (See Top 100 in Books)
- #1,824 in Legal History (Books)
- #2,472 in General Constitutional Law
- #8,383 in Discrimination & Racism
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Reviewed in the United States on December 21, 2023
It is, however, very difficult to read if you come to it as a layperson new to the field. The whole first half of the book is a "critique of the critiques," i.e., his criticism of what other scholars have written about the decision. If you are not already fairly familiar with what those other people said, plowing through Graber's criticisms of them is tough going.