Tag: Judicial Restraint

  • Constitution Sunday: “Brutus” XI

    New York Journal

    January 31, 1788

    The Constitution’s creation of the Supreme Court raised many questions about how such a court would operate. But an anonymous author, Brutus, laid out what was likely to come from the Court, and this author described—much of it with remarkable precision—what would indeed happen to the Court in the coming decades and centuries.

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  • A Supreme Court Tragedy: Dred Scott v. Sandford

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    The Taney Supreme Court.

    In 1857, the United States Supreme Court decided one of the most controversial cases in the history of the country. Just days after James Buchanan began his term as president, Chief Justice Roger Taney wrote the opinion for the Court, ruling that neither slaves nor freedmen could be citizens of the United States. The implications of this decision, and its reasoning, have been analyzed, dissected, and discussed since 1857. While many have concluded it is one of the Supreme Court’s worst decisions, its impact on Antebellum America should not be overlooked.

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