By Austin Allen

The ultimate Court's 1857 Dred Scott determination denied citizenship to African americans and enabled slavery's westward enlargement. It has lengthy stood as a grievous example of justice perverted through sectional politics. Austin Allen unearths that the end result of Dred Scott hinged now not on a unmarried issue--slavery--but on an internet of assumptions, agendas, and commitments held jointly and separately by means of leader Justice Roger B. Taney and his colleagues.Allen conscientiously tracks arguments made by way of Taney courtroom justices in additional than 1,600 said circumstances within the twenty years ahead of Dred Scott and in its rapid aftermath. by way of displaying us the political, expert, ideological, and institutional contexts during which the Taney courtroom labored, Allen finds that Dred Scott was once no longer easily a victory for the Court's prosouthern faction. It was once in its place an outgrowth of Jacksonian jurisprudence, an highbrow method that charged the court docket with preserving slavery, conserving either federal energy and country sovereignty, selling financial improvement, and securing the criminal foundations of an rising company order--all while. here's a wealth of latest perception into the interior dynamics of the Taney courtroom and the origins of its so much notorious determination.

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Extra info for Origins of the Dred Scott Case: Jacksonian Jurisprudence And the Supreme Court, 1837-1857 (Studies in the Legal History of the South)

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The loose cohesion surely represented a consequence of the * PgEn appointment process’s ability to pack the court with like-minded Democratic partisans, yet the process also contributed to cohesion by ensuring [35], that those partisans were professional men of elite standing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 chapter two Imposing Self-Rule Professionalism, Commerce, Social Order, and the Sources of Taney Court Jurisprudence [36], “nothing but the most stringent enforcement of discipline, and the most exact and perfect obedience to every rule and order emanating from a superior,” Justice Robert C.

Speaking through Justice Joseph Story, the court ruled for Hoyt, emphasizing the importance of standing to one’s obligations and chiding Bend for not governing himself correctly. Tariff law entitled one to repayment for money wrongfully collected, but Bend’s lax business practices rendered difficult any determination of whether the mistake was innocent or an effort to defraud the government. Story refused such an inquiry and instead focused on the implications of Bend’s invoice. ” Tariff law allowed Bend the option not to rely on the invoice; he could have demanded that Hoyt inspect the contents of the packages before assessing the duty.

Would ever produce anything like these oranges! ” “Oh! ” While on circuit in Arkansas, he told his daughter that the mosquitoes and the “Buffalo Gnats”—“an insect so fierce & so insatiate, that it kills the horses & mules by bleeding them to death”—made the area unlivable. ” 46 His letters to Van Buren, with whom Daniel maintained a running correspondence until the mid-1840s, revealed a concern that the North was plotting against the South. These specters haunted Daniel on the bench as he railed (usually alone) against the court’s intrusion into state policy making by asserting jurisdiction over corporations and inland waterways.

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