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
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: K19Accepted Paper Series
Date posted: March 11, 2009
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