Minority rights up through the Marshall Court, 1789–1835

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Chapter 1 in The U.S. Supreme Court and Racial Minorities, 2017, pp 8-51 from Edward Elgar Publishing

Abstract: Summarizes the racially discriminatory policies and entrenchments of black slavery adopted by elected branches, both state and federal, from 1789 to Civil War. Analyzes all slave cases that Supreme Court handled from 1789–1835, and major Indian cases of that era. Concludes that the Court was less anti-slavery than was the (indirectly) electorally accountable Attorney General of the U.S. Also demonstrates that Marshall Court decisions became less pro-slavery beginning in 1817, the year the Colonization Society was founded. Supreme Court justices acting on circuit declared unconstitutional the South Carolina Negro Seamen law that jailed free blacks while they were in port, and refused to apply the Virginia law that did the same. Describes Indian Removal Policy, including Trail of Tears. Concludes that Marshall Court stood up for the rights of Native Americans, but the elected branches did more than the Court to restrict and punish slave traders. KEYWORDS: Johnson and Graham’s Lessee v. McIntosh (1823) Cherokee Cases Indian Removal slave trade legislative racial discrimination in U.S. Negro Seamen Laws

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2017
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