• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Overruling Dred Scott: The Case for Same-Sex Marriage

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Overruling_Dred_Scott___The_Ca ...
    Size:
    1.072Mb
    Format:
    PDF
    Download
    Author
    Burt, Robert
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/5081
    Abstract
    Dred Scott v. Sandford is widely acknowledged to be the worst decision ever rendered by the United States Supreme Court. Its specific holdings-that Congress had no authority to regulate slavery in the territories and that no black person, whether slave or free, was a citizen of the United States entitled to bring suit in federal courts2-were overruled by the Thirteenth and Fourteenth Amendments, enacted in the immediate wake of the Civil War.3 But as we mark its 150th anniversary, it is not enough to say that the Dred Scott decision has been overruled. It is not enough to say that slavery has been abolished by the Thirteenth Amendment and that African Americans have been acknowledged as United States citizens by the Fourteenth Amendment. We must ask whether these two amendments, taken together, did more than overrule the specific holdings of Dred Scott. We must ask whether there was a deeper meaning to the reversal of this decision in order to determine whether the underlying assumptions of Dred Scott have truly been repudiated in our constitutional realm.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.