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Supreme Injustice: Slavery in the Nation's Highest Court

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The three most important Supreme Court Justices before the Civil War--Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story--upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.

Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime--a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.

Supreme Injustice boldly documents the entanglements that alienated three major justices from America's founding ideals and embedded racism ever deeper in American civic life.

ISBN-13: 9780674051218

Media Type: Hardcover

Publisher: Harvard University Press

Publication Date: 01-08-2018

Pages: 304

Product Dimensions: 5.50(w) x 8.30(h) x 1.20(d)

Series: Nathan I. Huggins Lectures #17

Paul Finkelman is President of Gratz College.

Table of Contents

Introduction 1

1 The Antebellum Constitution and Slavery 11

2 John Marshall: Slave Owner and Jurist 26

3 John Marshall and the African Slave Trade 76

4 Joseph Story: New England Icon in the Service of Slavery 112

5 Roger B. Taney: Slavery's Great Chief Justice 172

Coda 219

Notes 227

Acknowledgments 265

Index of Cases Cited 269

Index 275