Mr. Taney’s ‘Capital Gap’: Charting the Growth of the Federal Colony System, 1789-19602 Our Constitutional Logic 711 (2012)
AbstractWhen Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical record of this balance of power, as it played out in real time, 1789-1960. Charts and tables annexed.
- nascent states,
- Dred Scott
Publication DateAugust, 2012
Citation InformationPeter J. Aschenbrenner. "Mr. Taney’s ‘Capital Gap’: Charting the Growth of the Federal Colony System, 1789-1960" 2 Our Constitutional Logic 711 (2012)
Available at: http://works.bepress.com/peter_aschenbrenner/115/