Commentary: The Extraordinary Revival of Dred Scott

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

12 Pages Posted: 11 Mar 2009

See all articles by Erik M. Jensen

Erik M. Jensen

Case Western Reserve University School of Law

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.

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

JEL Classification: K19

Suggested Citation

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

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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