The Constitution as a Pro-Slavery Document

Paul Finkelman pfink at albanylaw.edu
Sun Sep 10 16:50:29 PDT 2006


Is is always nice to be "invited" to tout one's scholarship.  I have
written a good deal on proslavery constitutionalism and notions of a
prosalvery constitution.  Here are a few, in order of significance for
this issue:

SLAVERY AND THE FOUNDERS:  RACE AND LIBERTY IN THE AGE OF JEFFERSON. 
2nd ed., M.E.   Sharpe, 2001.

The Founders and Slavery: Little Ventured, Little Gained, 13 YALE J. L.&
HUMANITIES 413-449 (2001).

DRED SCOTT V. SANDFORD:  A BRIEF HISTORY.  Bedford Books, 1997.

Thomas R.R. Cobb and the Law of Negro Slavery, 5 ROGER WILLIAMS L. REV.
75-115 (1999).

DEFENDING SLAVERY: PROSLAVERY THOUGHT IN THE OLD SOUTH.  Bedford/St.
Martin's, 2003.

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> "Sanford Levinson" <SLevinson at law.utexas.edu> 09/10/06 7:38 PM >>>
Bill Wiecek wrote a fine book many years ago on "anti-slavery
constitutionalism."  I would also commend Don Fehrenbach's The
Slaveholders Republic as well as Paul Finkelman's copious scholarship on
point. (I will rely on Paul to select the two or three most important
books and articles.)  And, of course, there is Mark Graber's wonderful
new book on Dred Scott and the Problem of Constitutional Evil, which
argues, correctly I believe, that Dred Scott can be defended on any
theory of constitutional interpretation now accepted within the legal
academy.
 
sandy

________________________________

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of RJLipkin at aol.com
Sent: Sunday, September 10, 2006 7:27 PM
To: CONLAWPROF at lists.ucla.edu
Subject: The Constitution as a Pro-Slavery Document


        I'd appreciate receiving information about literature which
argues for (and against) the proposition that the Constitution was a
pro-slavery document.  Thanks.
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware



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