Thursday, March 3, 2011
Taney argued that he was a constructionist who agreed with Madison's statement that judges should interpret the Constitution in "the sense in which it was accepted and ratified by the nation." And yet there was a willful blindness on Taney's part to not only Madison's writing but the writing of nearly all Madison's public contemporaries. What was that blindness?
The mind of the South going into the Civil War was represented by a largely non-slaveholding populous, yet Jaffa writes that this group was the most fanatical in its defense of slavery. Why?