The fact is that Marshall was terrified of Jefferson, knew that the Jeffersonians would gladly wipe out the court, danced around. It's not revisited until Dred Scott. And Dred Scott's a disaster. And so you really have a long period here where judges didn't think they had the power to define for the country how the country should behave and what we're living through. (05:41–05:44)
CLAIM
Asserts that the Dred Scott decision was a disastrous ruling.
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