Dred Scott's Revenge: A Legal History of Race and Freedom in America

by Andrew P. Napolitano

 

Judge Andrew Napolitano lays bare the twisted legal history of racism in America.

"All men are created equal and endowed by their Creator with certain inalienable rights" wedded the American soul to the concept that freedom comes from our humanity, not from the government. But American governments legally suspended the free will of blacks for 150 years, and then denied blacks equal protection of the law for another 150 years. How did this happen in America, how were the Constitution and laws of the land twisted so as to institutionalize racism, and how did it or will it end? In a refreshingly candid book, Dred Scott's Revenge: A Legal History of Race and Freedom In America, Judge Andrew P. Napolitano takes a no-holds-barred look at the role of the government in the denial of freedoms based on race.

Endorsements

"The best history of the law and race I've ever read. . . Judge Napolitano has written a challenge to anyone who thinks they understand the roots of America's tangled race relations." -- Juan Williams, National Public Radio  

"The Attorney General ignited a firestorm by suggesting that ours was a nation of 'cowards' when it comes to conversations about race. Judge Andrew Napolitano is no coward. His brave and incisive book takes the calamitous, contemptuous Dred Scott decision, which held slaves to be "non-persons," as its starting point. In this sharply written narrative, the Judge shows us how race remains the driving force in almost every aspect of American life, from education to law enforcement. Dred Scott, the person, would have appreciated this graphic and honest appraisal." -- Geraldo Rivera, Fox News Channel  

"Judge Napolitano . . . has written a riveting guide to the tumultuous history of our civil rights journey, coming to a post-racial society." -- Nat Hentoff, Reporters Committee for Freedom of the Press, senior fellow at the Cato Institute  

"Dred Scott's Revenge makes it impossible for the self-anointed 'experts' on race relations to ever accuse the country of being too afraid to have a national discussion on race. Judge Napolitano lays out 150 years of our national experience . . . and places the blame for much of what's wrong squarely at the feet of those responsible: the federal government and politicians whose plans, policies, and programs trashed the Constitution. Compelling and timely reading written for the layman, not lawyers!" -- Glenn Beck, Nationally syndicated radio talk show host; Host, The Glenn Beck Program, Fox News Channel  

"It is said President Obama gave the definitive speech on race; well, Judge Andrew Napolitano has written the definitive book. [He] has broken new ground as he examines the precious link between the words men write about freedom and the true freedom of all men." -- Gov. Michael Steele, Chair, Republican National Committee

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52 of 58 people found the following review helpful:

Dred Scott's Revenge -- A MUST Read, April 9, 2009

by Michael Brown

Dred Scott's Revenge: A Legal History of Race and Freedom in America... is thought provoking book which sheds light on the dark side of legal history throughout our country's history. A very highly recommend book to say the least.

Judge Napolitano shows how "Natural Law" (God Given Rights or Rights come from our Humanity pg. xii) and "Positivism" (the law is whatever the lawgiver says it is or the majority says pg. xiii, xiv) have affected the interpretation and application of the Constitution and different laws throughout our history. Looking back from our time it is crazy to see how insane some of the judgments and the laws created. I thought I knew a lot about the history of race and freedom in America leading up to the civil rights movement but, after reading this book, I was greatly mistaken.

This book covers from the founding of our country to today. It does not shy away from the ugliness and ignorance of our past. Judge Napolitano does not pull any punches. If it is there it is in this book - granted this is not a complete history but a very good summary of it. From Washington to Jefferson to Lincoln to Post Civil War to WWI and WWII to Brown v Board of Education to Baseball - he looks at the good and the bad the correct and the incorrect. You will be surprised when you read this book not everything was as it seemed to be or how at times we are taught in History class.

Again, I give this book my Highest Recommendation.

Read it. Share it. Discuss it.

21 of 24 people found the following review helpful:

A very worthwhile recouting of how violation of the natural rights of African Americans has distorted our society, April 16, 2009

by Craig Matteson

Judge Andrew Napolitano has written three previous books explaining his views on the role of natural law and our constitution. I have written favorable views of each of them even though I cannot follow him to the full extent of his arguments. For example, and he brings it up again in this book, he thinks very poorly of Abraham Lincoln and blames him for starting the Civil War. Nevertheless, and I want to be clear about this, if I had to choose only between Napolitano's view of America and the positivist view that has been prevalent and dominant in my lifetime, I would vote to go with Napolitano's views.

This terrific book takes us through the sources of slavery in America, its violation of natural law, the contortions our laws had to go through to sustain the institution of slavery while also promising human liberty and individual rights that come prior to the state. I think you will find the summary of this history both illuminating and disturbing. Napolitano is concise in his telling of this history and focuses on how this horrible institution created a legacy we wrestle with to this day. I think his discussion of the way the federal government misused its power to keep racism alive after the Civil War and through the Jim Crow laws is especially good. His discussion of how the "Brown v. Board" reached a good conclusion but still used poor constitutional reasoning is, I think, correct. The judge is also correct that both parties have used race to protect their interests and the cost of African-Americans and with corruption to our society at large. He concludes with chapters on how race has distorted our efforts at law enforcement and recounts the heroism of Jackie Robinson in breaking the color-barrier in major league baseball.

His conclusion takes a quick look at his three previous books on the Constitution and natural law and demonstrates why our federal government is acting far beyond its seventeen enumerated powers.

A thoughtful book that is reasonable but still full of passion. I hope you will read it and consider what the Judge says whether or not you end up agreeing with him or not. Very worthwhile.

Here are his other three books:

Constitutional Chaos
Constitutional Chaos: What Happens When the Government Breaks Its Own Laws
The Constitution in Exile
The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land
A Nation of Sheep
A Nation of Sheep
Reviewed by Craig Matteson, Ann Arbor, MI

9 of 10 people found the following review helpful:

Federal Government and the Courts on Race, May 7, 2009

by Christopher M. Mahon

Judge Napolitano does a great job of showing the inherent sin written into our Constitution (3/5th clause) and the historical wrongsidedness of the courts and federal government. He brings us through major court decisions like Scott, Plessy and Brown and he looks at events and individuals (in stark honesty) like Civil War and Lincoln (antebellum and bellum) and the progressive movement and Teddy Roosevelt and Woodrow Wilson that has lead up to where race relations are today. He dedicates a last chapter to Thomas Jefferson and his legacy on slavery. Excellent Read!!

8 of 9 people found the following review helpful:

Now We Are All Losing Our Rights, June 11, 2009

by Jack Gardner

Without agreeing with all of Judge Napolitano's characterizations, the real theme of this book is timely and essentially illustrated: the theory of positive law, once applied to justify slavery, is now applied to all citizens. The theory of law once used to deny the rights of some is now used to deny the rights of all.

65 of 89 people found the following review helpful:

Full of Careless Errors and Falsehoods, June 17, 2009

by D. Licona

Being a regular viewer of Fox News, I was excited when I saw Judge Andrew Napolitano's book "Dred Scott's Revenge." Admittedly, I am a conservative Republican who watches Bill O'Reilly and Glenn Beck on a fairly regular basis. I am also an avid reader of history with a particular interest in the antebellum South, including the issue of slavery. To say that I am disappointed with the scholarship of this book is to put it mildly. The first "red flag" popped up on page two of the introduction when Judge Napolitano states that Augustine of Hippo was black. In fact, the race of Augustine is unknown. Most scholars believe that he was not black since he was from North Africa. Reading along, I came to Napolitano's treatment of Abraham Lincoln and knew that the "red flag" of Augustine was only the beginning. Napolitano asserts that Lincoln never stated that slavery was wrong. This is simply untrue. In a letter to A.G. Hodges, dated April 4, 1864, Lincoln wrote "I am naturally anti-slavery. If slavery is not wrong, nothing is wrong. I can not [sic.] remember when I did not so think, and feel. And yet I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgment and feeling." Napolitano exerts a great deal of time and effort to besmirch the character of Abraham Lincoln, calling him a racist and stating flat out that he should not be seen as the Great Emancipator. It is easy for us to look back and say that Lincoln should have done this or that. However, we have the benefit of hindsight. He had to work within the confines of the law as it stood at that time. Did he make comments that could have been construed as racist? Possibly, but they were mild when compared to those of Thomas Jefferson in his "Notes on Virginia." Surprisingly, by contrast, Napolitano gives Jefferson a pass for his racist diatribes and the fact that he owned slaves, which of course, Lincoln did not. Napolitano also states, "By all accounts, he [Jefferson] was also a kind and gentle master who freed his slaves upon his own death." This too is demonstrably false! A few were freed (particularly the Hemingses) but at least 130 of Jefferson's slaves were sold at his estate executor's sale, as evidenced by an advertisement in the Charlottesville Gazette, dated January 13, 1827. In fact, Jefferson slave families were sold and separated at this sale. These are only a few of the historical blunders that I found in this undocumented and disappointing work. Careless errors such as these will certainly cause me to exercise greater caution before trusting Napolitano's commentary on political matters.
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    Dred Scott's Revenge: A Legal History of Race and Freedom in America