Abstract

 


 



Commentary: The Extraordinary Revival of Dred Scott


Erik M. Jensen


Case Western Reserve University School of Law


Washington University Law Quarterly, Vol. 66, No. 1, 1988

Abstract:     
In a widely reprinted 1987 speech, Justice Thurgood Marshall characterized the Supreme Court's decision in Dred Scott v. Sandford as accurately reflecting the Founders' views on many subjects, including race. The author argues that Dred Scott was dead wrong on almost all counts-as many contemporaneous commentators, including Abraham Lincoln, understood. It was not helpful to our understanding of history and constitutional law for Justice Marshall to have resuscitated this horribly misguided decision.

Number of Pages in PDF File: 12

Keywords: Dred Scott v. Sanford, Justice Thurgood Marshall, Founding Fathers

JEL Classification: K19

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Date posted: March 11, 2009  

Suggested Citation

Jensen, Erik M., Commentary: The Extraordinary Revival of Dred Scott. Washington University Law Quarterly, Vol. 66, No. 1, 1988. Available at SSRN: http://ssrn.com/abstract=1356629

Contact Information

Erik M. Jensen (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3613 (Phone)
216-368-2086 (Fax)

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