@article{11483,
  author = {Whittington},
  title = {The Road not Taken: Dred Scott, Constitutional Law, and Political Questions},
  abstract = { <p>The Supreme Court{\textquoteright}s decision in Dred Scott is widely regarded as among the worst decisions it has ever made. In addition to embracing reviled substantive values, the decision deeply wounded the Court{\textquoteright}s status and authority. By embracing a theory of judicial supremacy that held that the Court alone could resolve all important constitutional disputes, however, the Court had been gradually moving toward such a debacle, while encouraging political actors to forego their own constitutional responsibilities. The dissenting opinion of Justice Benjamin Curtis suggested a more appropriate course for the Court, one that carved out a clear place for the exercise of judicial review but that recognized an important sphere of constitutional politics outside the judiciary.</p>
 },
  year = {2001},
  journal = {Journal of Politics},
  volume = {63},
  pages = {365-391},
  language = {eng},
}