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2012

Legal Theory

Territories. States. Dred Scott

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Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner Aug 2012

Table Annexed To Article: Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?


Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner Aug 2012

Wrongfully ‘Established And Maintained’: A Census Of Congress’S Sins Against Geography, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Taney, C.J. opined, for a majority of the Supreme Court, that Congress lacked the power to establish and maintain colonies as a system by which nascent states were groomed by Congress to join an expanding union. Dred Scott v. Sandford, 60 U.S. 393 (1857). Did Congress wrongfully acquire half a continent? And what was the state of the union as of the Dred Scott decision?