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Dred Scott and the Problem of Constitutional Evil
Dred Scott and the Problem of Constitutional Evil 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 ...more
Hardcover, 264 pages
Published March 8th 2012 by Cambridge University Press
(first published July 3rd 2006)
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Graber makes the compelling argument that the infamous Dred Scott decision was actually quite consistent with the constitution as it was understood in the 1850s. It's a reminder that just because something may not be right or desirable doesn't mean that it, for that reason, is unconstitutional.