Dred Scott and the Problem of Constitutional Evil (Cambridge Studies on the American Constitution)

出版者:Cambridge University Press

作者:Mark A. Graber

页数:280

出版时间:2008-03-31

价格:USD 24.99

装帧:Paperback

isbn号码:9780521728577

图书标签:美国政治美国宪法美国法学政治哲学宪政历史

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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.