Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory
1997; Princeton University Press; Volume: 14; Issue: 2 Linguagem: Inglês
ISSN
0742-7115
Autores Tópico(s)Legal Systems and Judicial Processes
ResumoContemporary constitutional theory rests on three premises. Brown v. Board of Education was correct, Lochner v. New York was wrong, and Dred Scott v. Sandford was also wrong. A few intrepid souls question whether Brown was correctly decided (although they would not have Supreme Court overrule that decision}.! Some proponents of law and economics favor reviving freedom of contract and Lochner decision.z No one, however, wishes to rethink universal condemnation of Dred Scott.3 American legal and constitutional scholars, The Oxford Companion to Supreme Court states, consider Dred Scott decision to be worst ever rendered by Supreme Court.4 David Currie's encyclopedic The Constitution in Supreme Court maintains that decision was bad policy, bad judicial politics and bad law.s Commentators across political spectrum describe Dred Scott as the worst constitutional decision of nineteenth century,6 the worst atrocity in
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