Don E. Fehrenbacher – författare

Studies this famous case of judicial failure, and discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion.

This is an abridgement of the Pulitzer-Prize winning The Dred Scott Case, making Fehrenbacher's monumental work available to a wider audience. Although it condenses the original by half, all the chapters and major themes of the larger work have been retained, providing a masterful review of the issues before America on the eve of the Civil War.

Winner of the Pulitzer Prize in 1979, this masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family; Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.

Many leading historians have argued that the Constitution of the United States was a proslavery document. But in The Slaveholding Republic, one of America's most eminent historians refutes this claim in a landmark history that stretches from the Continental Congress to the Presidency of Abraham Lincoln.Fehrenbacher shows that the Constitution itself was more or less neutral on the issue of slavery and that, in the antebellum period, the idea that the Constitution protected slavery was hotly debated (many Northerners would concede only that slavery was protected by state law, not by federal law). Nevertheless, he also reveals that U.S. policy abroad and in the territories was consistently proslavery. Fehrenbacher makes clear why Lincoln's election was such a shock to the South and shows how Lincoln's approach to emancipation, which seems exceedingly cautious by modern standards, quickly evolved into a "Republican revolution" that ended the anomaly of the United States as a "slaveholding republic.""Advances our knowledge of the critical relationships of slavery to the American government, placing it in perspective and explaining its meaning.... One could hardly ask for more."--Ira Berlin, The Washington Post

A Stanford University Press classic.

A Stanford University Press classic.