During America's turbulent antebellum era; the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court; but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time; beginning with The Antelope; heard by the John Marshall Court; and continuing with the seven other cases taken before the Roger Taney Court: The Amistad; Groves v. Slaughter; Prigg v. Pennsylvania; Strader v. Graham; Dred Scott v. Sandford; Ableman v. Booth; and Kentucky v. Denison. Case by case; Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary; showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom; while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that; despite Dred Scott; the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery; the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases; Slavery and the Supreme Court; 1825-1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
#1285702 in Books 2002-02-15Original language:EnglishPDF # 1 1.24 x 6.33 x 9.29l; 1.45 #File Name: 0700611576344 pages
Review
1 of 1 people found the following review helpful. Objectivity: "That Noble Dream"By GDPStephen Knott's 'Alexander Hamilton the Persistence of Myth' doesn't fit nicely into any typical genre - its neither biography nor a comprehensive historiography but an overview of the broader public image of Alexander Hamilton. It is an image very much manipulated by historians; particularly the sect of Thomas Jefferson worshipers like Dumas Malone; et al. Of course; those historians took their cue from Jefferson himself; a fierce rival of Hamilton's who enjoyed twenty-plus years after Hamilton's death (1804-1826) to construct his own and his principal political opponent's images. Politicians and their faithful ideological flocks have been happy to formulate an image of Hamilton for personal advantages; as well.Written primarily in 2001 and published in 2002; 'Persistence of Myth' pre-dates the current Hamilton craze by over a decade. The book also places the image projected of Alexander Hamilton in the Broadway musical 'Hamilton' in context ... Hamilton the man is a rather protean figure. He can be the visionary of the modern United States of America; a monarchy loving elitist; or the "can-do" immigrant varying upon the craftsmanship of the portrayer.Knott's noteworthy debunking of the "great beast" statement frequently attributed to Hamilton is very effective. References to the "quote" appear repeatedly throughout the book; while the fragile underpinning of its source is surgically belied on p. 155 and fn 27; p. 275. Generations of Americans have had their opinions of Hamilton formed by what appears to be an unsubstantiated tale.While Knott's treatment of Hamilton is a sympathetic advocacy; it doesn't veer off into an anti-Jefferson screed. It seems only intent on achieving a more balanced view of Hamilton; a truly great American (both he and Jefferson were "great") The greatness of the Founding Fathers is not a zero-sum game. In fact; America is the dialectic outcome of Hamiltonian and Jeffersonian visions; which; fortunately; are always in tension.In addition to being political rivals; Hamilton and Jefferson serve as foils for one another. Exposition of their contrasts; which are necessary for understanding either man; often appear as criticisms. Knott's subject; however; is not Jefferson per se; but the crafters of Jefferson's image. Only the prickliest Jefferson lovers would likely object to Knott's treatment (and they have!).In a 1922 speech Calvin Coolidge; who himself has been subject to wavering public opinion; stated that “when America ceases to remember [Hamilton's] greatness; America will be no longer great†(p. 109). To appreciate the greatness of Hamilton there are several key resources available. Ron Chernow's 'Alexander Hamilton' is among them; as is Forrest McDonald's 'Novus Ordo Seclorum'. Carson Holloway's 'Hamilton versus Jefferson in the Washington Administration' is a worthwhile read. 'Persistence of Myth' is another.Addressing the issue of reputation and character; Abraham Lincoln used a simile: "The shadow is what we think of it; the tree is the real thing." So too with Hamilton - to remind ourselves of his greatness we have to look past the shadow and find the tree as best we can.1 of 2 people found the following review helpful. Great book on a great Founding Father!By BetseyA must-read book on Alexander Hamilton! Very well argued!2 of 4 people found the following review helpful. A remarkable book... it must be a part of your Founding Fathers library!By V. BenedettoStephen Knott knows his subject matter! In a time when understanding our Founding Fathers (what they meant; what they stood for; and why they knew it to be right for mankind for all time) is more important then ever; Knott brings Hamilton into full view. Only then; can we see him more purely and better understand why he rightfully was; among the Founders; a lion. Hamilton's fingerprints are everywhere on our Nation... which is why understanding him more clearly; through a more accurate prism; is essential. 'Persistence of Myth' does this and more... - Vince Benedetto
