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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      The argument that Courts in the pre-Civil War period were engaging in "packing" is only possible if you assume there was a clearly agreed upon ideal number of justices. But in fact, Americans disagreed about what the ideal number was, for both political and legal reasons. /2

      1 reply 2 retweets 28 likes
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    2. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      Throughout the nineteenth century - both before and after the Civil War - Congress monkeyed around with what the federal Courts looked like. A big part of this was about the responsibilties of justices to the federal Circuit Courts. /3

      1 reply 1 retweet 20 likes
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    3. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      SC Justices in this period "rode circuit" meaning they spent a couple of months in Washington and the remainder of their time serving in a second capacity as justices on the Circuit Courts throughout the states. /4

      1 reply 1 retweet 17 likes
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    4. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      Each judge was assigned a circuit and spent several weeks a year trying cases at each court within the circuit. And as @jbouie pointed out, the 1837 expansion of the Court happened in large part because there was a need for new circuits to account for new states in the union. /5

      1 reply 3 retweets 20 likes
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    5. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      No one at the time would have called this "packing" nor would they have conceived of it this way. And the implication that adding justices was a way to shore up slavery is a wild misreading of the past and the context in which Congress changed the shape of the Court. /6

      1 reply 2 retweets 26 likes
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    6. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      A second problem in what @baseballcrank is arguing is an assumption that Americans have always conceived of the Court in the same way that they do today. /7

      1 reply 1 retweet 17 likes
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    7. Rachel Shelden‏ @rachelshelden 18 Mar 2019

      But the federal courts did not have the same kind of power or prestige we give the Supreme Court in the 21st century. There was not the same adherence to a hierarchy of the judicial system as we know from great work by Laura Edwards, @marthasjones_, @arielagross and others /8

      2 replies 3 retweets 25 likes
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    8. Martha S. Jones, JD, PhD‏ @marthasjones_ 18 Mar 2019
      Replying to @rachelshelden @arielagross

      Thanks for the mention. And, yes, when we dig in we find that Dred Scott, as heinous as Justice Taney’s ideas certainly were, they mostly failed because of widespread resistance to the decision.https://www.washingtonpost.com/news/made-by-history/wp/2018/07/06/how-to-resist-bad-supreme-court-rulings/?noredirect=on&utm_term=.442ef958a9b0 …

      2 replies 0 retweets 1 like
    9. Dan McLaughlin‏Verified account @baseballcrank 18 Mar 2019
      Replying to @marthasjones_ @rachelshelden @arielagross

      Yes. It was a vicious cycle: Taney tried to take an issue away from the voters without a basis in the text; his decision galvanized resistance; that resistance in turn alarmed the South. Both sides radicalized, the South bolted, leading to war.

      1 reply 0 retweets 1 like
    10. Rachel Shelden‏ @rachelshelden 18 Mar 2019
      Replying to @baseballcrank @marthasjones_ @arielagross

      Dred Scott was clearly a contributing factor in the sectional conflict, but this is an awfully simplistic way of explaining the Civil War. There was not a one-to-one cause and effect here.

      2 replies 0 retweets 3 likes
      Dan McLaughlin‏Verified account @baseballcrank 18 Mar 2019
      Replying to @rachelshelden @marthasjones_ @arielagross

      There was a long train of events, but it was a significant escalation that played a major part in galvanizing the nascent Republican coalition. Certainly Lincoln, who was vocal & blistering in his denunciations, thought so at the time.

      2:21 PM - 18 Mar 2019
      2 replies 0 retweets 0 likes
        1. Martha S. Jones, JD, PhD‏ @marthasjones_ 18 Mar 2019
          Replying to @baseballcrank @rachelshelden @arielagross

          If I’m a crank about anything, it is the recycling of old, threadbare claims about Dred Scott. I’d welcome any contribution based in fresh (or heck any) evidence and interpretation. Otherwise, let it go.

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        2. Rachel Shelden‏ @rachelshelden 18 Mar 2019
          Replying to @baseballcrank @marthasjones_ @arielagross

          Sure, it galvanized the Republicans. But more than the Fugitive Slave Act? More than the Caning of Charles Sumner? What you're arguing here, that there is a clear line from Jacksonian ideology to a pro-slavery Supreme Court issuing Dred Scott to the Civil War, is far too neat

          1 reply 0 retweets 1 like
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