Dred Scott: the Supreme Court's Worst Decision

byron ed

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As the article points out, the most famous and controversial statements in the document were not legally necessary -- in fact optional legal opinion having no force of law in that case.

The ruling, the only thing having force of law, was limited to one person, was that Dredd Scott had no standing to bring a lawsuit bcause, as a black man, he was not a citizen. That's it.

So the excitement over the case was not over the ruling, as it only involved one person's ability to bring a lawsuit, but rather because of the legal precedent established in the optional opinion, that blacks have no rights that whites need respect and that excluding slavery from the territories (ne anywhere in the Country) could be considered unconstitutional.

The biggest fallacy regarding the case was that those items of optional opinion suddenly became law in 1858. That's not true. What it did do was bad enough though -- there was now an indelible legal precedent in the opinion that opened the door for a follow-up case that could within a few years convert those pronouncements into enforceable Federal law under the Constitution. That's what the anti-slavery press and Republicans generally were making such hay over -- not that the laws were already in place (because they weren't). In reaction some free states strengthened their personal liberty laws in anticipation that a follow-up case and ruling would soon ensue that would allow slavery in the territories (ne anywhere in the Country). In effect there was another Nullification / States' Rights crisis brewing -- this time it would have been the Northern states.

As it turned out, with secession and the CW starting a mere couple years later the courtroom attempt to return slavery to the entire Union was overshadowed. The right test case hadn't reached the Supreme Court by then.
 
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O' Be Joyful

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The right test case hadn't reached the Supreme Court by then.
But, all Hell broke loose first.


 

5fish

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5fish

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The religious right wing thinks it will be their Board of Education ruling but it will be their Dred Scott decision.
 

Tom

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"the Negro has no rights which the white man ought to respect."

"the unborn have no rights which anyone ought to respect."
 

5fish

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"the unborn have no rights which anyone ought to respect."
The unborn(you miss define) are fetus which a unborn mammals... They will be humans but they are not humans yet like a tadpole is not a frog...
If SCOTUS overturns ROE... We will back to the 1950's and behind the rest of the Western world and our legal system will be back to the 1850's trying to figure out if states can same ban sex marriage, interracial marriage, contraceptives, punish people for crossing state lines for abortions, or mail the abortion pill by mail... because did you read the opinion. It states there was no right to an abortion when the 14th amendments was ratified so its not a right. You know how many things we consider a right today was not a right when the 14th amendment was ratified. If you read the opinion it tells/explains the federal judges should question state legislatures decisions or moral issues... The opinion is an attack on all the social changes of the last century...
 

5fish

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"the Negro has no rights which the white man ought to respect."
You mean, what?

Do not worry the next thing to be attack will be the one vote one person SCOTUS ruling from the 1950's... and they will get around to gutting the Board of Education ruling buy declaring religious exception for bigotry...
 

5fish

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Here Alito... and we put him on the court one vote /one person he disagrees with it... @rittmeister , @O' Be Joyful , @jgoodguy , @Tom , @Leftyhunter , @Wehrkraftzersetzer , @Jim Klag

 

5fish

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Here Thomse and Alito assault on one vote / one person...


But, she noted, Monday’s decision did not address whether states could use voter-eligible apportionment when drawing legislative districts, only ruling that states were not required to do so. In his concurrence with the Court’s judgment, Justice Samuel Alito seized on this distinction to hint that a future case could allow apportionment methods beyond the status quo.

“Whether a State is permitted to use some measure other than total population is an important and sensitive question that we can consider if and when we have before us a state districting plan that, unlike the current Texas plan, uses something other than total population as the basis for equalizing the size of districts,” he wrote.

Justice Clarence Thomas went even further in his own concurrence. “In my view, the majority has failed to provide a sound basis for the one-person, one-vote principle because no such basis exists,” he wrote. Instead of continuing the “misguided search” for one, Thomas instead urged his colleagues to leave the question of apportionment to the states themselves. “There is no single ‘correct’ method of apportioning state legislatures,” he concluded.
 

rittmeister

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Here Alito... and we put him on the court one vote /one person he disagrees with it... @rittmeister , @O' Be Joyful , @jgoodguy , @Tom , @Leftyhunter , @Wehrkraftzersetzer , @Jim Klag

don't you think that's something for americans to sort out?
 

5fish

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At the heart of it they bring back Plessy...

 

jgoodguy

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At the heart of it they bring back Plessy...

Yep.

OTOH it may simply be that like the Old South, the idea of secession was pursued without gaming what next, like wise the rush to outlaw abortion has fundamental problems not easy solved.
 
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