Dred Scott and Gettysburg in Tullock’s constitutional mythology and Civil War memory

Between 1965 and 1988, Gordon Tullock dramatically altered his view of the infamous Dred Scott v. Sandford decision of 1857 (Dred Scott v. Sandford. (1857). 60 U.S. 393.). In 1965, Tullock maintained the orthodox view that Dred Scott was incorrectly decided and justifiably reversed by the bloodshed of the Civil War. By the 1980s, Tullock changed his view, asserting instead that Dred Scott correctly interpreted a pro-slavery and racist Constitution. He maintained his earlier views on the emancipationist purpose of the Civil War in reversing Dred Scott. This paper explores Tullock’s evolving understanding of the Dred Scott decision, the Civil War, and the Battle of Gettysburg through the interpretive lenses of constitutional mythology and Civil War memory.