Thanks for sharing Professor Franck's article with the list, Rick.  I
served on an APSA panel with him a few years ago.  He's a serious
scholar.  That said, I think a "liberal originalist" (i.e., someone who
interprets the Constitution in light of the classical liberal
principles of the Declaration of Independence) can show that both Dred
Scott and Bowers were wrong.  I tried to do that in To Secure These
Rights:  The Declaration of Independence and Constitutional
Interpretation (NYU Press).

Professor Franck does score points against law professors, though!

Best wishes,
Scott Gerber
Law College
Ohio Northern University


Rick Duncan wrote:


>I found an article at National Review Online that I thought you'd like
to
>see:
>
>   http://www.nationalreview.com/comment/comment-franck073003.asp
>
>An interesting article from NRO.
>

--------------------------------------

Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/

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