Slavery and the Law
The History of the Legal Systems and Cases That Enabled Slavery in the United States
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Narrated by:
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Jim D. Johnston
About this listen
One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. The ideological bedrock of the French Revolution was the Declaration of the Rights of Man and of the Citizen, and the American Revolution produced the Declaration of Independence. The self-evident truth of both of these was simply that mankind was endowed by God with certain inalienable rights, the most important of which were freedom and equality. Yet, in both cases, slavery was accommodated. The conflict existed, on the one hand, in the recognition of basic human rights, and on the other, in guarantees of property rights.
Ultimately, while the institution of slavery existed, the principle of protecting individual property rights prevailed, alongside a necessary acknowledgment that slaves were property first and sentient human beings second. It also required a great deal of careful drafting and verbal contortions to construct the Constitution for the young republic that supported those principles of freedom and equality while at the same time facilitating the perpetuation of the “peculiar institution”.
It was not until 1865, with the adoption of the 13th Amendment, the instrument that abolished slavery, that any overt mention of slavery found its way into the Constitution. Before that, direct reference was always carefully avoided, although, at the same time, unmistakably alluded to. The document is filled with provisions specific to slavery, protecting and codifying it on a federal level, without anywhere making direct or overt mention of it.
By 1788, when the Constitution of the United States was formally adopted, slavery had been a fact of life in the colonies for 169 years, since the first recorded arrival of Black Africans in Virginia in 1619. At that time, around the institution, had evolved a system of laws that were derived in the main from English common law. The irony here is that the regime of English common law was at its root hostile to the principle of human bondage, had no tradition of slavery to call upon, and was desirous on the whole to avoid making any overt judgment or pronouncement on the matter. It, therefore, fell to colonial lawmakers to resolve that essential contradiction between treating Africans as either people, property, or both. This tension remained in play throughout the era of slavery in English-speaking America until the matter was finally resolved by the outcome of the American Civil War.
The Compromise of 1850 was authored by the legendary Whig politician Henry Clay. In addition to admitting California to the Union as a free state to balance with Texas, it allowed Utah and New Mexico to decide the issue of slavery on the basis of what became known as “popular sovereignty”, which meant the settlers could vote on whether their state should be a free state or slave state. Though a Whig proposed popular sovereignty in 1850, popular sovereignty as an idea would come to be championed by and associated with Democratic Illinois Senator Stephen Douglas. The Compromise also abolished the slave trade–though not the existence of slavery itself–in Washington, DC. The Whigs commended the Compromise, thinking it was a moderate, pragmatic proposal that did not decidedly extend the existence of slavery and put slow and steady limits on it. Furthermore, it made the preservation of the Union the top priority.
As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.
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Takes you to Lincoln’s time for a new understanding
- By Jason Cecil on 12-22-21
By: Noah Feldman
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Supreme Power
- 7 Pivotal Supreme Court Decisions That Had a Major Impact on America
- By: Ted Stewart
- Narrated by: Art Allen
- Length: 7 hrs and 40 mins
- Unabridged
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Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.
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Polemical, downright ridiculous at times
- By Joe Igla on 11-04-17
By: Ted Stewart
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Constitution
- By: James Madison
- Narrated by: Deaver Brown
- Length: 37 mins
- Unabridged
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In less than 60 minutes of listening to this audiobook, you will have heard the original United States Constitution. To improve your understanding of the Constitution, we have included original readings and commentary related to this subject, such as the drafting and ratification of the Constitution, the historical influences on the Constitution, and the Anti-Federalists.
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🎆Adventurous Conversations Following this Topic☕️
- By F. F. F. on 07-12-15
By: James Madison
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Thaddeus Stevens
- Civil War Revolutionary, Fighter for Racial Justice
- By: Bruce Levine
- Narrated by: Landon Woodson
- Length: 8 hrs and 32 mins
- Unabridged
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Thaddeus Stevens was among the first to see the Civil War as an opportunity for a second American revolution - a chance to remake the country as a genuine multiracial democracy. As one of the foremost abolitionists in Congress in the years leading up to the war, he was a leader of the young Republican Party’s radical wing, fighting for anti-slavery and anti-racist policies long before party colleagues like Abraham Lincoln endorsed them. These policies - including welcoming black men into the Union’s armies - would prove crucial to the Union war effort.
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Excellent bio of a political hero
- By Anonymous User on 03-11-21
By: Bruce Levine
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Our Republican Constitution
- Securing the Liberty and Sovereignty of We the People
- By: Randy E. Barnett
- Narrated by: Barry Abrams
- Length: 9 hrs and 2 mins
- Unabridged
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
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A People's History of the Supreme Court
- The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
- By: Peter Irons, Howard Zinn - foreword
- Narrated by: David Drummond
- Length: 28 hrs and 32 mins
- Unabridged
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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.
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Really enjoyed this book
- By Paul on 02-19-20
By: Peter Irons, and others
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The War Before the War
- Fugitive Slaves and the Struggle for America's Soul from the Revolution to the Civil War
- By: Andrew Delbanco
- Narrated by: Ari Fliakos
- Length: 13 hrs and 40 mins
- Unabridged
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For decades after its founding, America was really two nations—one slave, one free. There were many reasons why this composite nation ultimately broke apart, but the fact that enslaved black people repeatedly risked their lives to flee their masters in the South in search of freedom in the North proved that the "united" states was actually a lie. Fugitive slaves exposed the contradiction between the myth that slavery was a benign institution and the reality that a nation based on the principle of human equality was in fact a prison-house in which millions of Americans had no rights.
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Great promise greater disappointment
- By Amazon Customer on 12-09-18
By: Andrew Delbanco
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The Real Lincoln
- A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War
- By: Thomas J. Dilorenzo
- Narrated by: Charles Constant
- Length: 8 hrs and 32 mins
- Unabridged
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Most Americans consider Abraham Lincoln to be the greatest president in history. His legend as the Great Emancipator has grown to mythic proportions as hundreds of books, a national holiday, and a monument in Washington, D.C., extol his heroism and martyrdom. But what if most everything you knew about Lincoln were false? What if, instead of an American hero who sought to free the slaves, Lincoln were in fact a calculating politician who waged the bloodiest war in American history in order to build an empire that rivaled Great Britain's?
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OpEd Disguised as History
- By John McDowell on 10-30-18
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Inhuman Bondage
- The Rise and Fall of Slavery in the New World
- By: David Brion Davis
- Narrated by: Raymond Todd
- Length: 16 hrs and 38 mins
- Unabridged
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In Inhuman Bondage, David Brion Davis sums up a lifetime of insight. He looks at slavery in the American South; the rise of the Cotton Kingdom; the daily life of slaves; the destructive internal long-distance slave trade; the sexual exploitation of slaves; the emergence of an African-American culture; and much more. A definitive history by a writer deeply immersed in the subject, Inhuman Bondage links together the profits of slavery, the pain of the enslaved, and the legacy of racism.
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Very Useful Contribution
- By Biggar Thomas on 06-14-08
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It Wasn’t About Slavery
- Exposing the Great Lie of the Civil War
- By: Samuel W. Mitcham
- Narrated by: John McLain
- Length: 6 hrs and 20 mins
- Unabridged
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Was the Civil War really about slavery? Or was it a war fought over money? Civil War historian Samuel W. Mitcham Jr., (Vicksburg, Bust Hell Wide Open) opens his fascinating new book, It Wasn't About Slavery, with Dr. Grady McWhiney's claim that "what passes as standard American history is really Yankee history written by New Englanders or their puppets to glorify Yankee heroes and ideals".
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Abbeville Condensed
- By AC Gleason on 07-16-20
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The Politically Incorrect Guide to American History
- By: Thomas E. Woods Jr.
- Narrated by: Barrett Whitener
- Length: 8 hrs and 4 mins
- Unabridged
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Everything, well, almost everything, you know about American history is wrong because most textbooks and popular history books are written by left-wing academic historians who treat their biases as fact. But fear not; Professor Thomas Woods refutes the popular myths in The Politically Incorrect Guide to American History.
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Highly recommended! Not for the faint of heart!
- By RAC on 12-12-05