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John Mclean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman
Vanderbilt Law Review Volume 62 | Issue 2 Article 7 3-2009 John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, and the Supreme Court of the United States Commons Recommended Citation Paul Finkelman, John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/7 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman* I. THE STRANGE POLITICAL CAREER OF A MINOR JACKSONIAN JUSTICE .......................................................... 522 II. A CAREER ON THE COURT: COMMERCE AND THE ECONOMY ....................................... 533 III. MCLEAN AND SLAVERY: A LONE ANTISLAVERY VOICE IN A SEA OF PROSLAVERY JURISTS ............................ 539 A. Slavery and the Northwest Ordinance on the Ohio Supreme Court ..................................... 541 B. Fugitive Slaves and their Abolitionist Allies .......... 543 C. The Jurisprudenceof Free Soil ................................ 552 D. Dred Scott: McLean's Forgotten Dissent ................. 558 IV . C ON CLU SION ........................................................................ 564 Unlike almost all early Supreme Court Justices, John McLean came from extraordinarily humble origins. He was born in New Jersey in 1785.1 His parents, Fergus and Sophia Blackford McLean, were farmers who moved to Virginia in 1789, Kentucky in 1790, and finally Ohio in 1796. Like many children of the frontier, the future Justice 2 had no formal education for most of his boyhood. -
Draft—Do Not Cite Without Permission of the Author
Draft—Do not cite without permission of the author Chapter I: The Contradictions of American Democracy in the Antebellum Years: The Inadequacy of the Constitution; The Rise of the Anti-Slavery and Woman’s Rights Movements Between 1815 and 1860, the new nation consolidated its identity and expanded its boundaries.1 This was a time of economic growth and internal improvements.2 The antebellum era witnessed a “transformation” of the private law of torts, contracts, property, and commercial law that has been said to have unleashed “emergent entrepreneurial and commercial groups to win a disproportionate share of wealth and power in American society,” all in the name of promoting economic growth.3 These years also witnessed significant democratization of the American polity. Even though the new nation’s charter incorporated the revolutionary principle of “popular sovereignty” or the consent of the governed, its political structures and practices had been designed to be far from democratic in the beginning.4 After 1815, however, the spreading trend in the states toward universal white adult male suffrage accelerated significantly, culminating with the election of Andrew Jackson in 1828.5 The people and party operatives who put this man of humble origins into the White House poured into Washington D.C. for his inauguration. “Never before had an American ceremony of state turned into such a democratic and charismatic spectacle.”6 From the perspective of divisions between the social classes, Jacksonianism represented important gains for egalitarian thinking in politics.7 The subsequent decades before the Civil War saw a flowering of reform ferment in the United States. -
Table of Contents - Issue 1 Chicago-Kent Law Review
Chicago-Kent Law Review Volume 82 Issue 1 Symposium: 150th Anniversary of the Dred Article 1 Scott eD cision December 2006 Table of Contents - Issue 1 Chicago-Kent Law Review Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Chicago-Kent Law Review, Table of Contents - Issue 1, 82 Chi.-Kent L. Rev. i (2007). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol82/iss1/1 This Front Matter is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected]. CHICAGO-KENT LAW REVIEW VOLUME 82 2007 NUMBER 1 CONTENTS SYMPOSIUM: 150TH ANNIVERSARY OF THE DRED SCOTT DECISION SYMPOSIUM EDITORS PAUL FINKELMAN JACK M. BALKIN SANFORD LEVINSON ARTICLES SCOTT V. SANDFORD: THE COURT'S MOST DREADFUL CASE AND How IT CHANGED HISTORY Paul Finkelman 3 Dred Scott, without doubt, is the most controversial case in the history of the United States Supreme Court. Unlike the controversies that surround other deci- sions of the Court, the controversy surrounding Dred Scott does not turn on if the outcome or Chief Justice Taney's analysis was wrong, but rather on why the out- come and Chief Justice Taney's analysis were wrong. This article focuses on the political goals Taney attempted to accomplish through his decision in Dred Scott. Though there existed reasons for Taney's belief that his decision in Dred Scott would once and for all end the political debate over slavery in the territories, his decision ultimately served as a key catalyst in creating the crisis that led to Abra- ham Lincoln's election, secession, civil war, and, ultimately, the end of slavery. -
The Constitution in the Supreme Court: Contracts and Commerce, 1836-1864
Pue aiu vurnal VOLUME 1983 JUNE NUMBER 3 THE CONSTITUTION IN THE SUPREME COURT: CONTRACTS AND COMMERCE, 1836-1864 DAVID P. CURRIE* Continuing a study of thefirst hundredyears of constitutionalliti- gation, Professor Currie explores the decisions of the Taneyperiod re- specting the Contract and Commerce Clauses. Though early decisions ofthe Taney Courtseemed to portenda departurefromthe nationalism of its predecessor, the author argues that the impression was largely misleading. In general,for example, the Court under Taney proved rathersympathetic to contractrights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlastingformula that acknowledged an implicit limitation on statepower, and although in the Taney periodthe Court never clearly struck down a state law on Commerce Clausegrounds, itfoundother ways to protect the interest in unobstructedcommerce. The fourth installment of a critical examination of early Supreme Court constitutional decisions,' this article begins to deal with the nearly thirty-year period during which Roger B. Taney was Chief Jus- tice. Taney's appointment in 1836 marked a watershed in the member- * Harry N. Wyatt Professor of Law, University of Chicago. My thanks to the Duke University School of Law, where this paper was delivered as the Brainerd Currie Memorial Lecture; to my colleagues Frank Easterbrook, Dennis Hutchinson, and Rayman Solomon for their helpful criticism; and to Mark Holmes and Roy Underhill for valuable research assistance. 1. See Currie, The Constitution in the Supreme Court, 1789-1801, 48 U. CHI. L. REv. 819 (1981) [hereinafter cited as Currie, Supreme Court, 1789-1801]; Currie, The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U. -
The Appointment of Supreme Court Justices: Prestige, Principles and Politics John P
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Indiana University Bloomington Maurer School of Law Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1941 The Appointment of Supreme Court Justices: Prestige, Principles and Politics John P. Frank Indiana University School of Law Follow this and additional works at: http://www.repository.law.indiana.edu/facpub Part of the Courts Commons, and the Judges Commons Recommended Citation Frank, John P., "The Appointment of Supreme Court Justices: Prestige, Principles and Politics" (1941). Articles by Maurer Faculty. Paper 1856. http://www.repository.law.indiana.edu/facpub/1856 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. THE APPOINTMENT OF SUPREME COURT JUSTICES: PRESTIGE, PRINCIPLES AND POLITICS* JOHN P. FRANK Hidden in musty obscurity behind the forbidding covers of three hundred and more volumes of court reports, the Justices of the United States Supreme Court seldom emerge into public view. Deaths and retirements, new appointments, and occasional opinions attract fleeting attention; all else is unnoticed. But to the political scientist, to the historian, and, above all, to the lawyer, the Supreme Court is an object of vital concern. To the political scientist, the Court matters because it is the chief juggler in maintaining the Balance of Powers. To the historian, the Court matters because of its tre- mendous influence on the policies of federal and state governments. -
Journal of Mormon History Vol. 29, No. 2, 2003
Journal of Mormon History Volume 29 Issue 2 Article 1 2003 Journal of Mormon History Vol. 29, No. 2, 2003 Follow this and additional works at: https://digitalcommons.usu.edu/mormonhistory Part of the Religion Commons Recommended Citation (2003) "Journal of Mormon History Vol. 29, No. 2, 2003," Journal of Mormon History: Vol. 29 : Iss. 2 , Article 1. Available at: https://digitalcommons.usu.edu/mormonhistory/vol29/iss2/1 This Full Issue is brought to you for free and open access by the Journals at DigitalCommons@USU. It has been accepted for inclusion in Journal of Mormon History by an authorized administrator of DigitalCommons@USU. For more information, please contact [email protected]. Journal of Mormon History Vol. 29, No. 2, 2003 Table of Contents CONTENTS INMEMORIAM • --Dean L. May Jan Shipps, vi • --Stanley B. Kimball Maurine Carr Ward, 2 ARTICLES • --George Q. Cannon: Economic Innovator and the 1890s Depression Edward Leo Lyman, 4 • --"Scandalous Film": The Campaign to Suppress Anti-Mormon Motion Pictures, 1911-12 Brian Q. Cannon and Jacob W. Olmstead, 42 • --Out of the Swan's Nest: The Ministry of Anthon H. Lund, Scandinavian Apostle Jennifer L. Lund, 77 • --John D. T. McAllister: The Southern Utah Years, 1876-1910 Wayne Hinton, 106 • --The Anointed Quorum in Nauvoo, 1842-45 Devery S. Anderson, 137 • --"A Providencial Means of Agitating Mormonism": Parley P. Pratt and the San Francisco Press in the 1850s Matthew J. Grow, 158 • --Epilogue to the Utah War: Impact and Legacy William P. MacKinnon, 186 REVIEWS --David Persuitte, Joseph Smith and the Origins of The Book of Mormon. -
James Buchanan, Slavery, and the Press
Frank Turner James Buchanan, Slavery, and the Press James Buchanan, Slavery, and the Press Frank Turner Master of Arts Thesis California State University at San Marcos February, 2016 Dr. Watts 1 Frank Turner James Buchanan, Slavery, and the Press James Buchanan, Slavery, and the Press Table of Contents Title Page...………………………………………………………………………...1 Table of Contents……………………………………………………………….....2 Abstract………………………....…………………………………………………3 Introduction……………………………..………………………………………...4 Chapter One James Buchanan and Slavery……….……..……………………………………...16 Chapter Two Buchanan and the 1850s Press…………………………..………………………...35 Buchanan’s Inauguration……………….…………………………………………41 Dred Scott…………………………………………………………………..……..51 Conclusion………………………………………………………………………..63 Bibliography…………………………………………………………………..….67 2 Frank Turner James Buchanan, Slavery, and the Press Abstract James Buchanan was the fifteenth president of the United States, who served from1857 until 1861, preceding Abraham Lincoln. He is considered to have been one of the most ineffective presidents, due to policies that some historians believe helped lead to the American Civil War. This thesis looks at how the antebellum presses viewed Buchanan, and what types of images they projected of him to the public. From the very beginning of his presidency, there were concerns in most of the presses about his leadership. In March of 1857, his inauguration and the Dred Scott decision were two events that happened early in his administration, that offer evidence that the press, from the start, projected negative images of him, especially in regards to his policies regarding slavery. This helped to create the belief that he was an ineffectual leader. Buchanan was aware of the powerful influence the press held over its readership, and he immediately went to work to reconstruct his “organ,” the Washington Daily Union, as a mouthpiece for himself, as well as the Democratic Party. -
Judicial Ghostwriting: Authorship on the Supreme Court Jeffrey S
Cornell Law Review Volume 96 Article 11 Issue 6 September 2011 Judicial Ghostwriting: Authorship on the Supreme Court Jeffrey S. Rosenthal Albert H. Yoon Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Jeffrey S. Rosenthal and Albert H. Yoon, Judicial Ghostwriting: Authorship on the Supreme Court, 96 Cornell L. Rev. 1307 (2011) Available at: http://scholarship.law.cornell.edu/clr/vol96/iss6/11 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. JUDICIAL GHOSTWRITING: AUTHORSHIP ON THE SUPREME COURT Jeffrey S. Rosenthal & Albert H. Yoont Supreme Court justices, unlike the President or members of Congress, perfom their work with relatively little staffing. Each justice processes the docket, hears cases, and writes opinions with the assistanceof only their law clerks. The relationship between justices and their clerks is of intense interest to legal scholars and the public, but it remains largely unknown. This Arti- cle analyzes the text of the Justices' opinions to better understand judicial authorship. Based on the use of common function words, we find thatJus- tices vary in writing style, from which it is possible to accurately distinguish one from another. Their writing styles also inform how clerks influence the opinion-writingprocess. CurrentJustices, with few exceptions, exhibit signif- icantly higher variability in their writing than their predecessors, both within and across years. -
The Belo Herald
,The Belo Herald Newsletter of the Col. A. H. Belo Camp #49 August 2013 This month’s meeting features a special presentation: A History of the Anglo-Celtic People By Mike Smith The Belo Herald is an interactive newsletter. Click on the links to take you directly to additional internet resources. Col. A. H Belo Camp #49 Commander - Kevin Newsom Adjutant - Stan Hudson 2nd Lt.Cmdr - Mark Brown Chaplain - Rev. Jerry Brown Editor - Nathan Bedford Forrest Contact us: http://belocamp.org [email protected] http://www.facebook.com/BeloCamp49 Follow us on Twitter at belocamp49scv Texas Division: www.texas-scv.org Have you paid your dues?? National: www.scv.org http://1800mydixie.com/ Come early (6:30pm), eat, fellowship with http://www.youtube.com/user/SCVORG other members, learn your history! Commander in Chief Givens on Twitter at CiC@CiCSCV Thursday, August 1st: 7:00 pm La Madeleine Restaurant 3906 Lemmon Ave near Oak Lawn, Dallas, TX *we meet in the private meeting room. All meetings are open to the public and guests are welcome. Commander’s Report Compatriots: Belo Camp's next meeting is Thursday, August 1, @ 7pm at La Madeleine. As many of us know, a secret to success in life is adaptation. So when Kirt Barnett let us know that he was needed at Sam Davis Youth Camp this August 1, I supported the move wholeheartedly...and then found it necessary to adapt quickly! Without skipping a beat, Mike Smith stepped up to the plate and agreed to speak. His topic is entitled A History of the Anglo-Celtic People. -
Revised Intentions: James Buchanan and the Antebellum White House in Canto Ciii
REVISED INTENTIONS: JAMES BUCHANAN AND THE ANTEBELLUM WHITE HOUSE IN CANTO CIII James Dowthwaite Canto CIII was written in 1958 and is perhaps the last sustained insistence of Pound’s theory that economic and financial corruption, brought about by the insidious actions of large capitalists, is responsible for the majority of wars in modern history. Poundian criticism has only rarely touched on Canto CIII, and it has not been given extended treatment on its own terms, although individual lines have been considered in relation to wider discussion of Thrones de los Cantares. Massimo Bacigalupo links the canto to the opening of Canto C in its discussion of American history and the function of the American political machine, but also suggests that Pound’s capacity for textual authority is reduced by the time he writes Canto CIII. Pound had trouble with two lines in particular, ‘France, after Talleyrand started/ one war in Europe’ (CIII/753), which originally read ‘France, after Talleyrand started/ no war in Europe’, and then ‘no war in Europe until ‘70’. Unable to prove this belief (or uncertain of his claim), Pound changed it to its current form for publication.1 For Bacigalupo this casts doubt on Pound’s capacity for providing a chronicle that supports the very theory he is espousing, writing that ‘Pound’s reading of old annals and his doubtful insights into modern times will not coalesce, for the latter lack textual authority’.2 In many ways, Pound’s intention to present a chronicle in Canto CIII strains against the more discursive argument that drives his choice of subject matters. -
Justice Curtis's Dissent in the Dred Scott Case: an Interpretive Study
Hastings Constitutional Law Quarterly Volume 24 Article 5 Number 2 Winter 1997 1-1-1997 Justice Curtis's Dissent in the Dred Scott aC se: An Interpretive Study Stuart A. Streichler Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Stuart A. Streichler, Justice Curtis's Dissent in the Dred Scott ase:C An Interpretive Study, 24 Hastings Const. L.Q. 509 (1997). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol24/iss2/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Justice Curtis's Dissent in the Dred Scott Case: An Interpretive Study By STUART A. STREICHLER* Table of Contents Introduction .................................................... 509 I. Citizenship, Race, and the Uses of History ............. 512 II. Congress's Powers, the Territories, and Constitutional Structure ................................................ 528 Conclusion ..................................................... 543 Introduction The Dred Scott decision' was one of the most significant, and dis- astrous, in the history of the Supreme Court.2 Purporting to write the opinion of the Court,3 Chief Justice Roger B. Taney ruled that no black, whether slave or free, could ever be a citizen of the United * Assistant Professor of Political Science, University of Miami; Ph.D. 1995, Johns Hopkins University; J.D. 1982, University of Michigan Law School; B.S. 1978, Bowling Green State University. An earlier version of this Article was presented at the 1994 An- nual Meeting of the Law and Society Association in Phoenix, Arizona. -
Overruling Mcculloch? Mark A
Arkansas Law Review Volume 72 | Number 1 Article 4 July 2019 Overruling McCulloch? Mark A. Graber University of Marlyand, Baltimore Follow this and additional works at: https://scholarworks.uark.edu/alr Part of the American Politics Commons, Banking and Finance Law Commons, Civil Procedure Commons, Constitutional Law Commons, Judges Commons, Legal History Commons, Legal Theory Commons, Political History Commons, Supreme Court of the United States Commons, Taxation-Federal Commons, and the United States History Commons Recommended Citation Mark A. Graber, Overruling McCulloch?, 72 Ark. L. Rev. 79 (2019). Available at: https://scholarworks.uark.edu/alr/vol72/iss1/4 This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Arkansas Law Review by an authorized editor of ScholarWorks@UARK. For more information, please contact [email protected]. Overruling McCulloch? Mark A. Graber Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress.1 This claim was probably based on inside information. Webster was a close association of Justice Joseph Story.2 The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day.3 Even if Webster lacked first- hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. Most Jacksonians vigorously opposed the national bank on both policy and constitutional grounds.4 The most vigorous opponents of that institution had been appointed to the Taney Court.