Origins of the Dred Scott Case: Jacksonian Jurisprudence And the Supreme Court, 1837-1857 (Studies in the Legal History of the South) (Studies in the Legal History of the South Ser.)

The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue--slavery--but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues.Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order--all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision. The Supreme Court's 1857 Dred Scott Decision Denied Citizenship To African Americans And Enabled Slavery's Westward Expansion. It Has Long Stood As A Grievous Instance Of Justice Perverted By Sectional Politics. Austin Allen Finds That The Outcome Of Dred Scott Hinged Not On A Single Issue-slavery-but On A Web Of Assumptions, Agendas, And Commitments Held Collectively And Individually By Chief Justice Roger B. Taney And His Colleagues. By Showing Us The Political, Professional, Ideological, And Institutional Contexts In Which The Taney Court Worked, Allen Reveals That Dred Scott Was Not Simply A Victory For The Court's Prosouthern Faction. It Was Instead An Outgrowth Of Jacksonian Jurisprudence, An Intellectual System That Charged The Court With Protecting Slavery, Preserving Both Federal Power And State Sovereignty, Promoting Economic Development, And Securing The Legal Foundations Of An Emerging Corporate Order-all At The Same Time. Realizing Popular Sovereignty : Partisan Sentiment And Constitutional Constraint In Jacksonian Jurisprudence -- Imposing Self-rule : Professionalism, Commerce, Social Order, And The Sources Of Taney Court Jurisprudence -- Evidence Of Law : Popular Sovereignty And Judicial Authority In Swift V. Tyson -- Moderating Taney : Concurrent Sovereignty And Answering The Slavery Question, 1842-1852 -- The Limits Of Judicial Partisanship : Corporate Law And The Emergence Of Southern Factionalism -- The Sources Of Southern Factionalism : Corporations, Free Blacks, And The Imperatives Of Federal Citizenship -- The Failure Of Evasion : Dred Scott V. Emerson, Strader V. Graham, Swift V. Tyson, And Dred Scott V. Sandford -- The Political Economy Of Blackness : Citizenship, Corporations, And The Judicial Uses Of Racism In Dred Scott -- Looking Westward : Concurrent Sovereignty And The Answer To The Territorial Question. Austin Allen. Includes Bibliographical References (p. 253-266) And Index. Contents......Page 8 Acknowledgments......Page 10 Introduction: Beyond the Sectional Crisis......Page 14 PART I: Beneath Dred Scott: Jacksonian Jurisprudence and the Dimensions of Self-Rule......Page 22 ONE: Realizing Popular Sovereignty: Partisan Sentiment and Constitutional Constraint in Jacksonian Jurisprudence......Page 26 TWO: Imposing Self-Rule: Professionalism, Commerce, Social Order, and the Sources of Taney Court Jurisprudence......Page 49 THREE: Evidence of Law: Popular Sovereignty and Judicial Authority in Swift v. Tyson......Page 65 PART II: Toward Dred Scott: Slavery, Corporations, and Popular Sovereignty in the Web of Law......Page 82 FOUR: Moderating Taney: Concurrent Sovereignty and Answering the Slavery Question, 1842–1852......Page 88 FIVE: The Limits of Judicial Partisanship: Corporate Law and the Emergence of Southern Factionalism......Page 111 SIX: The Sources of Southern Factionalism: Corporations, Free Blacks, and the Imperatives of Federal Citizenship......Page 129 PART III: Inescapable Opportunity: The Supreme Court and the Dred Scott Case......Page 146 SEVEN: The Failure of Evasion: Dred Scott v. Emerson, Strader v. Graham, Swift v. Tyson, and Dred Scott v. Sandford......Page 152 EIGHT: The Political Economy of Blackness: Citizenship, Corporations, and the Judicial Uses of Racism in Dred Scott......Page 173 NINE: Looking Westward: Concurrent Sovereignty and the Answer to the Territorial Question......Page 191 EPILOGUE: United Court, Divided Union: Judicial Harmony and the Fate of Concurrent Popular Sovereignty......Page 216 Note on Method......Page 234 Notes......Page 242 Bibliography......Page 266 C......Page 280 D......Page 281 F......Page 282 M......Page 283 P......Page 284 S......Page 285 T......Page 286 W......Page 287