The Dred Scott Case: Its Significance in American Law and Politics

Book Description

Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history." On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery. This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.

Customer Reviews:

Superb book!!.......2007-07-31

Dred Scott Case by Don Fehrenbacher proves to be a definitive account of this controversial Supreme Court case that had far reaching consequences then the fate of one black slave wishing to be free. The book is superbly researched, written and the author presented total clarity in his presentation. He clearly points out the total significance of this case in face of American history.

This case is often overlooked as part of 1850s pre-Civil War history but the author make it clear that long term effects of this case clearly helped initiate the American Civil War. It also helped Abraham Lincoln become President and ironically speaking, discredited Robert Taney, the chief author of the Dred Scott decision so badly that Taney was totally ineffective as the Supreme Court Chief Justice during the Civil War. His rulings against Lincoln and many of his civil rights violations during the war went totally ignored and although he was always treated well, he was a total non-entity as a factor. His death was viewed with relief.

The book gives a very insightful background on slavery and its impact on American history prior to the case. It doesn't get into Dred Scott himself until page 210 or so. It pretty obvious that the author has excellent command of his subject matter. His insight on what influence and repercussions of this decision after the Civil War proves to be quite interesting. I was bit surprised how Taney's reputation have survived so well despite of his decision that the author clearly shown to be crude, shallow and highly biased. The author have clearly shown that Taney did not behaved as a Supreme Court Chief Justice in this case but as a pro-southerner who wishes to nationalized slavery throughout the land as a mean to end this debate once and for all.

I would regard this to be one of the mandatory reading material that any reader must tackled if he or she wants to advance their knowledge of the Civil War and its issues.

A monument.......2005-04-15

This book is a monument to prodigious research, careful scholarship, and thoughtful analysis. It is much more than a history of the Dred Scott case. It places the decision in its historical context, describing in great detail the political and judicial conditions that preceded it and the effect the decision itself had on events that followed.

The Dred Scott case was not decided in a vacuum. It was part of a continuum of events that led up to the secession crisis of 1860-1861 and the war that followed. Fehrenbacher makes a persuasive case that the decision itself did not contribute significantly to the outbreak of the Civil War, but that it was part of a cluster of events that helped to move the nation in the direction of war. The Kansas-Nebraska Act, the struggle over the Lecompton constitution, the Lincoln-Douglas debates, the split between Douglas and the southern Democrats, and the Republican victory in the presidential election of 1860, all helped to impel the nation toward the final rupture.

Fehrenbacher makes some very interesting observations about the decision itself. He discusses the charge (often made by contemporary critics) that Chief Justice Taney's opinion declaring the Missouri Compromise unconstitutional was obiter dictum, and pretty effectively demolishes it. He also denies that Taney's opinion does not deserve to be regarded as the "opinion of the court." There were a total of nine opinions in all (six that were labeled "concurring" and two "dissenting" in addition to Taney's own opinion), but the Chief Justice's opinion was generally regarded by contemporaries and later observers as the "court's decision," and with justification.

Fehrenbacher is unrelenting in his criticism of Taney, who he sees not as an impartial arbiter of the law, not as a judicial statesman, but as a southern partisan, an implacable defender of the southern slavocracy against the onslaughts of northern political, economic, and social power. And he destroys the notion, often repeated by Taney defenders, that the Chief Justice was personally opposed to slavery and only came to the harshly racist views he expressed in Dred Scott because he felt compelled to do so by the Constitution itself. In fact, Fehrenbacher shows that Taney's long judicial record was one of consistently pro-slavery decisions.

If you are a serious student of American history in the nineteenth century, you should read this book-and perhaps re-read it. Fehrenbacher's writing style is sophisticated, at times even elegant, but the text is dense and, in places, it borders on the opaque. Fehrenbacher shows great insights into the judicial process, into constitutional theory and practice, and into the political, economic, and social development of the young American republic as it faced its most critical test of all.

Highly recommended!

A masterpiece of historical exposition.......2002-08-28

There is little that I can add to what has already been written. Fehrenbacher is clear, thoughtful, and comprehensive.

A Really Wonderful Read.......2002-06-10

I read the abridged edition of 1981, titled Slavery, Law and Politics. I can only echo what the other reviwers have said. It's about a court opinion but it is anything but dry. You learn much about the law and politics of slavery, from the founding of the nation forward. You learn about the Dred Scott case itself, including the legal maneuverings in the lower courts. The author's analysis of Chief Justice Taney's opinion for the Court is one of the best single chapters I have read in a history book in a long time. The author is learned but the prose is engaging--elegant, even. You feel you are in the company of a wise teacher, who is not trying to impress you but simply to impart his considerable knowledge without ego on a topic that turns out to be an excellent prism through which to view an important swath of our history. Read it!

An outstanding book.......2002-05-13

This is one of the best books I've read in a long time. It might seem that a 700 page book (600 pages of text; 100 pages of notes) on a 19th century court case might be the epitome of exceedingly dry material suited only for particularly motivated graduate students. But I found this book captivating. What came through in every paragraph was the work of a skilled and judicious historian sleuthing his way to an understanding of the background and ramifications of the enormously important Dred Scott decision. Not one page in this book read like the work of an uninspired academic sawing his way through a pile of research notes.

Fehrenbacher focuses on the political, legal and constitutional aspects of the Dred Scott case. He explores the background and developments, from the arrival of the first slaves in the colonies in 1619 through the bitter political battles of the 1850s. His discussion of legal developments is particularly interesting because this is one area where the reader encounters the concrete complications and conflicts between various state and federal laws affecting slaves and slave owners. He also shows how legal developments and constitutional theories were affected by the increasingly acrimonious political battles over the rights of slaveholders. His analysis of Chief Justice Taney's opinion was particularly impressive. Finally, his discussion of the immediate and longer term impact of the Dred Scott decision was fascinating. When I finished the book, I was disappointed that he hadn't carried the thoughts in the last chapter further (even though it was clear he had chosen a good stopping point for his analysis). I was also tempted to go back to the beginning and re-read the book immediately! It is so rich, and there's so much of importance to understand. (Instead, I started in on Fehrenbacher's more recent book, The Slaveholding Republic.)

One of the strengths of the book is Fehrenbacher's attention to the relevants facts and texts. His text never reads like a cut-and-paste compilation of other authors' conclusions. Throughout, Fehrenbacher was doing his own thinking - and he came through as quite skilled in asking good questions, identifying all the relevant facts, weighing the possible meanings and interpretations, and arriving at fair conclusions. (Whatever the topic, it's always a pleasure to read the work of someone who works as Fehrenbacher did in this book.)

Customer Reviews:

A tour de force in historical jurisprudence..........1997-07-16

'Slavery, Law and Politics' is an abridged version of Don Fehrenbacher's 1978 magnum opus 'The Dred Scott Case: Its Significance in American Law and Politics.' While it is a technically challenging book for the average reader of historical jurisprudence, its an indispensible resource for understanding the dynamics of the Supreme Court's decision in the Dred Scott case given the historical milieu just before the Civil War. Fehrenbacher pulls no punches, ripping into the Taney court which issued one of the most shameful decisions in the Court's history. Of interest is the 'scorecard' Fehrenbacher keeps of the different aspects of the decision, clarifying the historical ambiguities of what the court really decided. In all, a complex, gratifying read. The original, fully annotated version of the book, unfortunately, is out of print..

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New information on The Civil War!

Legal Cases of the Civil War
Robert Bruce Murray
Manufacturer: Stackpole Books
ProductGroup: Book
Binding: Hardcover

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ASIN: 0811700593

Customer Reviews:

New information on The Civil War!.......2003-08-15

As a Civil War buff, I never realized how much I didn't know! This book doesn't concentrate on the field battles, but on the battles fought in the courts. It shows how the rest of America, the families and buisnessmen, were affected by the war. A one of a kind book. Worth every cent. Should be in everybody's library.

Two Men Before the Storm: Arba Crane's Recollection of Dred Scott And the Supreme Court Case That Started the Civil War

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Compelling Novel is a Must-Read

Two Men Before the Storm: Arba Crane's Recollection of Dred Scott And the Supreme Court Case That Started the Civil War
Gregory J. Wallance
Manufacturer: Greenleaf Book Group Press
ProductGroup: Book
Binding: Paperback

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ASIN: 1929774362
Release Date: 2005-09-15

Product Description

In the early 1850s, Arba Crane, a young Harvard Law School graduate from Vermont, arrived in St Louis to begin his law career. Working alone late in the evenings, Crane forms a friendship with the office janitor, a slave named Dred Scott. As Scott recounts his life as a slave, Crane realizes that Scott has a legal claim to freedom and persuades him to file a lawsuit. Thus begins a chain of events that ignites a political and legal firestorm across the nation.

Crane fights for Scott's rights for years. The case reaches the US Supreme Court before a spellbound country. But the Court's catastrophic decision in Scott v. Sandford holds that slaves are property without rights and that Congress has no power to halt the spread of slavery. While the decision marks the beginning of the path to civil war, it is not the end of Dred Scott's quest for freedom.

Two Men Before the Storm is based on historical events: the profound friendship between a young lawyer and a slave and a fight for justice that fundamentally changed our nation. A work of historical fiction (with detailed historical endnotes), it is especially timely as we approach a new political battle over nominees to the Supreme Court.

Customer Reviews:

Compelling Novel is a Must-Read.......2005-12-13

Two Men Before the Storm brings the landmark Dred Scott decision to life against the vividly drawn background of pre-Civil War St. Louis. Written in graceful, nuanced prose, this book has it all -- riveting plot, strong characters, solid history, compelling if disturbing local color. Most of all it demonstrates how our justice system is anything but when those given the power to judge fall victim to politics and emotion. Because it is so readable yet so historically accurate and thoroughly annotated, Two Men Before the Storm should be required reading for every high school American History class.

The Struggle for Student Rights: Tinker V. Des Moines and the 1960s (Landmark Law Cases and American Society)

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A strong analysis based on numerous primary sources

The Struggle for Student Rights: Tinker V. Des Moines and the 1960s (Landmark Law Cases and American Society)
John W. Johnson
Manufacturer: University Press of Kansas
ProductGroup: Book
Binding: Paperback

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ASIN: 0700608672

Book Description

The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever pitch with the anti-Vietnam War movement. When anti-war sentiment "invaded" American schools, official resolve to retain order in the classroom vied with the rights of students to speak freely. A key event in that face-off was the Supreme Court decision in Tinker v. Des Moines.

In 1965, five public school students in Des Moines--including John Tinker, a Methodist minister's son--protested the Vietnam War by wearing black armbands in defiance of school policy. Suspended on disciplinary grounds that were upheld in federal court, the students took their case to the Supreme Court, arguing that they had been denied their right of freedom of expression under the First Amendment. Ruling in their favor, the Court determined that armbands did not constitute a sufficient reason to abridge free speech--a decision which helped provide a legal foundation for subsequent anti-war protests.

John Johnson now offers a detailed account of Tinker that captures the personal struggle of the litigants and places this seminal constitutional controversy in the legal and historical context of the 1960s. In this highly readable book, he shows that the case is important for its divergent perspectives on the limits of free speech and explains how the majority and dissenting Court opinions mirrored contemporary attitudes toward the permissible limits of public protest.

As the most important student rights case ever to reach the Supreme Court, Tinker raises important issues regarding First Amendment freedoms and is a strong precedent for both the rights of public school students and legitimate civil disobedience. The Struggle for Student Rights contains previously unpublished information and insights on this well-known case and provides a fascinating legal window on a turbulent era. With federal and state courts now considering the limits of speech and symbolic expressions in our schools, it makes a significant contribution to understanding the principles that are at stake.

This book is part of the Landmark Law Cases and American Society series.

Customer Reviews:

A strong analysis based on numerous primary sources.......1998-02-02

Dr. Johnson has written a moving portrait of Tinker v. Des Moines, a major 1960s Supreme Court decision. The "Struggle" that he discusses deals with the right of non-violent expression while in the confines of a public school. The narrative is richly grounded in newspaper articles, interviews, and letters to and from the primary individuals. This makes the story extremely personal and enlightening. An in-depth look into the workings of the Supreme Court may be the book's most profound contribution. Taking a controversial stand in time of war is never easy. The Tinker case shows that the heart of our democracy rests with those who dare to point us in a different direction.

Civil War Suits in the U.S. Court of Claims: Cases Involving Compensation to Northerners and Southerners

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Civil War Suits in the U.S. Court of Claims: Cases Involving Compensation to Northerners and Southerners
Greg H. Williams
Manufacturer: McFarland & Company
ProductGroup: Book
Binding: Paperback

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ASIN: 0786424303

Book Description

The aftermath of the Civil War presented exceptional legal questions. Bitter strife and desperate shortages on both sides resulted in extreme wartime measures enacted by the United States government. The Confiscation Act of 1861, which legalized the seizure of property, proved particularly harsh. To soften the effects of this act on loyal citizens residing in Confederate territory, the Act of March 12, 1863, created the special legal theory of abandoned or captured property. This legislation set up a special Treasury fund to reimburse owners for loss of goods upon proof of ownership and verification of loyalty to the Union. After the war, more than 500 plaintiffs brought a total of 1578 claims against the United States government regarding wartime losses they had suffered.

Book Description

Government seizure of the nation’s strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman’s most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman’s order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus’s meticulously researched, brilliantly analyzed, and authoritative study. From Truman’s initial assertion of "inherent" executive power under the Constitution to the High Court’s seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.

Customer Reviews:

Excellent Recycled Dissertation.......2005-06-18

This excellent book is a history of Youngstown v. Sawyer, a landmark Supreme Court case on Presidential powers. The case arose during the Korean War, when the White House nationalized steel factories to block a strike that threatened to disrupt steel production. The Supreme Court firmly rejected Truman's claim of an "inherent" Presidential power to seize private property during wartime. Given the extremist constitutional claims made by the current Bush Administration -- including the power to hold American citizens incommunicado for the duration of the (potentially endless) war on terror -- Youngstown remains hugely relevant today.

Marcus lays out the political, legal, and foreign policy contexts of Youngstown before delving into the details of the litigation and discussing the constitutional significance of the outcome. Her exposition is workmanlike and methodical, as befits a recycled doctoral dissertation. My only real complaint -- hence the rating of four stars -- is that long sections of the book are little more than summaries of legal briefs and courtroom oral arguments. These could have been cut back. But with that qualification, I would recommend the book without reservation to anyone interested in American constitutional history or the institution of the Presidency.

Parallels to our time?.......2004-08-30

In an earlier era, steel making was a key strategic industry for the US. Marcus takes us back to 1952 and the tensions of that era. With World War 2 still recently over and the Korean conflict starting up, the international situation looked grave. She walks us through the events that led Truman to take over the steel mills. She marshalls the arguments pro and con for this, that echoed through the nation.

A very readable study in the limitations of presidential power. Plus a current reader might be struck by the parallels between Truman's actions and Bush's recent decisions. Both presidents asserted prerogatives that were strenuously opposed by others. Though in retrospect, the Cold War and the then developing Korean War were far deadlier for the US than the current situation, where the US has a unipolar hyperpower advantage.

The Confederacy On Trial: The Piracy And Sequestration Cases Of 1861 (Landmark Law Cases and American Society)

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The Confederacy On Trial: The Piracy And Sequestration Cases Of 1861 (Landmark Law Cases and American Society)
Mark A. Weitz
Manufacturer: University Press of Kansas
ProductGroup: Book
Binding: Hardcover

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ASIN: 0700613854

Book Description

In the annals of Civil War history, one overarching dispute remains unsettled: was the United States waging war against another nation or putting down an internal rebellion? In October 1861 three legal battles put this question to the test. As Mark Weitz reveals, these proceedings were instrumental in debating and ultimately shaping the Confederacy's very identity.

Weitz takes readers to courtrooms in Philadelphia and New York, where Confederate sailors caught raiding Union vessels were tried for the capital crime of piracy. Their defense argued that they were not pirates at all but privateers acting on behalf of a sovereign nation, and thus were entitled to protection under international laws governing prisoners of war and could not be executed.

Meanwhile, in South Carolina, a number of Charleston lawyers challenged the Confederacy's Sequestration Act. This law authorized government seizure of the property of "enemy aliens"-an action viewed by Southerners as a threat to civil liberties and states' rights by a central government that had assumed excessive powers. By attempting to preserve long-standing Southern traditions regarding private property and due process, the lawyers highlighted the conflict between the kind of nation the Confederacy wanted to become and the nation it was compelled to be in wartime.

Weitz masterfully interweaves these stories, highlighting the extraordinary tensions between legal professionalism and the public clamor for patriotism. He shows that while the Confederacy struggled to balance its commitment to civil rights and state sovereignty with the need to wage war, the United States walked an equally fine line between officially sanctioning the new Confederacy and utilizing war powers normally directed at enemy nations. Ultimately, both sides discovered that war created irreconcilable contradictions that could not be easily resolved.

The Confederacy on Trial provides an unprecedented look at the difficulty of discerning whether a conflict is a rebellion or a war between nations while it remains undecided. Addressing crucial questions regarding civil liberties, sovereignty, and national identity, the book sheds important light on the modern-day problem of waging war and balancing constitutional protections.

Customer Reviews:

Pure and Simple a great book about the law!.......2000-01-10

The first amendment gives us the right to free speech and for the most part this is a fairly simple concept right? Well in 1994 in Massachusetts this became a complex legal issue that turned a simple parade into chaos.

Riveting from beginning to the very end, this 600-page fact filled legal expose on how our court system really works, is like nothing else you'll ever read. The authors take you on a journey from the state court right the steps of the highest court in the land.

Using actual trial transcripts and painstaking detail, the author's leave no stone unturned. I was simply amazed at how much information was packed into the book. I was simply astounded by the way the system works.

Law professors and students of law need to take and read this work. It is most likely the best book of the first amendment law. A great work in the legal field and a very good read - well done!

Well-writen First Amendment primer........1998-08-05

As an attorney, what I found most interesting about this book was the use of trial transcripts to help frame the debate on the larger First Amendment constitutional issues. The authors did a superb job of telling a complex story from beginning to end. I would recommend some of my old professors take a close look at this work, and consider using it in trial advocacy and constitutional law classes. I don't remember anything like this when I was at school, but can say it told me a lot more about how the judicial process works than I learned in the classroom.

Comprehensive and Informative.......1998-06-08

By far, this book tops all others on how our courts operate. The authors have given a detailed look at the legal system at every level, state and federal, and cover so much territory in so short a space that the book borders on being overwhelming. This is the definitive book on "process". Using rich citation to trial transcripts the authors show in meticulous detail how some judges try to unwrap constitutional guarantees to achieve what they think the law shoud be. I read three other works which aspired to this detail: "Out of Order", "Civil Action" and "Closed Chambers" and can state that none were as insightful as this. This is truly a remarkable work, and should be mandatory reading in every law school in this country.

Book reviews.......1997-01-02

"Riveting..." National Law Journal; "Compelling... well-written..." Bimonthly Review of Law Books; "Tremendously engaging..." AOB News; "One of the most informativbe law books I have read..." Journal of the Indiana Bar Assoc.; "Chilling, troubling, Kafkaesque..." Prof. Charles E. Rounds Jr., Suffolk Law School

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