Friday, October 26, 2007

Dred Scott

Is there any authors that agree with the Dred Scott Decision in 21 century

1 comment:

Fugitive Professor said...

Mark Graber recently published _Dred Scott and the Problem of Constitutional Evil_ where he suggested that Dred Scott was decided rightly. NOT that he agreed with it, but rather that he believed that within the decision was authorized by the United States Constitution.

And I just saw (yesterday morning) Mark Graber present a paper on Dred Scott. He made the point that everyone argues that EVERYONE tries to claim Lincoln as being on their side. He pointed out that there are fundamental problems with this from a moral standpoint (Lincoln, after all, was willing to sell out the slaves to save the Union) and from a legal standpoint (he arrested and detained without charge members of the Maryland legislature, suspended habeas corpus, etc.).

The short answer, I guess, is yes...