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Commentary: The Extraordinary Revival of Dred ScottErik M. JensenCase 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 Accepted Paper SeriesDate posted: March 11, 2009Suggested CitationContact Information
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