Foreword: The Banality of Constitutional Evil | p. ix |
Preface | p. xvii |
The Jurisprudence of the Marshall Court | |
Prelude to Conflict: The Marshall Court and The Antelope | p. 3 |
The Marshall Court and Federalism | p. 12 |
The Age of Accommodation | |
Sectionalism and the Rise of the Second-Party System | p. 23 |
The Supreme Court in the Early 1840s | p. 32 |
United States v. The Amistad | p. 52 |
Slavery, the Commerce Power, and Groves v. Slaughter | p. 68 |
The Problem of Fugitive Slaves | p. 83 |
Assessment | p. 114 |
The Conflict Escalates, 1843-1853 | |
Slavery and Territorial Expansion | p. 119 |
The Controversy over Fugitive Slaves, 1843-1853 | p. 136 |
The Supreme Court in 1846 | p. 143 |
Revisiting the Commerce Power | p. 149 |
The Ongoing Struggle over Fugitive Slaves | p. 155 |
Prelude to Dred Scott: Strader v. Graham and the Doctrine of Reattachment | p. 165 |
Assessment | p. 165 |
The Sectionalization of American Politics, 1853-1859 | |
The Kansas-Nebraska Act, the Anthony Burns Affair, and the Demise of the Second-Party System | p. 177 |
The Supreme Court in the Mid-1850s | p. 184 |
Ableman v. Booth, Part 1: Northern Nullification | p. 196 |
Dred Scott, Part 1: The Road to the Supreme Court | p. 210 |
The Court on the Brink | p. 227 |
Sectionalism on the March | p. 230 |
Dred Scott, Part 2: Reargument and Reconsideration | p. 235 |
Dred Scott, Part 3: The Opinions of the Justices | p. 243 |
Dred Scott, Part 4: The Reaction to the Court's Decision | p. 268 |
Ableman v. Booth, Part 2: The Court Decides | p. 278 |
The Isolated Court | |
The Election of 1860 | p. 289 |
Kentucky v. Dennison and the Problem of Extradition | p. 291 |
Conclusion: The Lessons of the Slavery Cases | p. 299 |
Notes | p. 303 |
Bibliography | p. 335 |
Index | p. 345 |
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