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Legal History - Supreme Injustice: Slavery in the Nation’s Highest Court (The Nathan I. Huggins Lectures)

Description

Book Synopsis: 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.

Details

Discover the shocking truth about the Supreme Court's dark role in upholding the institution of slavery with "Supreme Injustice: Slavery in the Nation's Highest Court." In this groundbreaking book, esteemed legal historian Paul Finkelman delves deep into the personal and political motivations of Chief Justices John Marshall and Roger B. Taney, as well as Associate Justice Joseph Story, revealing their proslavery positions and opposition to black freedom.

Unlike any other account, Finkelman uncovers the forgotten fact that Justice Marshall actively participated in the buying and selling of slaves throughout his lifetime. This revelation sheds new light on his decisions and legacy, exposing the hypocrisies that have been overlooked by previous biographers. Similarly, Justice Story's public condemnation of slavery contrasts with his inexplicable silence on slave trade cases and rulings against black individuals seeking freedom.

Supreme Injustice goes beyond surface level analysis by utilizing census data and other sources to paint a comprehensive picture of these justices' support for slavery and their disdain for free black Americans. Even Justice Taney, who freed some of his own slaves, fervently opposed the notion of black freedom, famously asserting in the infamous Dred Scott decision that free blacks had no Constitutional rights.

With meticulous research, Finkelman showcases how these three influential justices strayed far from America's founding ideals, perpetuating racism and deepening its roots in our nation's civic life. This eye-opening account is a must-read for anyone seeking a nuanced understanding of the Supreme Court's role in the history of slavery and its lasting impact on American society.

Don't miss out on uncovering the hidden history behind the nation's highest court. Take a deeper dive into "Supreme Injustice" and order your copy today. Order now and gain an invaluable perspective on the forces that shaped the American legal system.

Disclosure: I get commissions for purchases made through links in this website