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Harmonium1923 · 51-55, M
It’s hard to defend the Dred Scott decision.
Diotrephes · 70-79, M
@Harmonium1923
It’s hard to defend the Dred Scott decision.
Actually, the Dred Scott decision was 100% constitutional at the time.
Harmonium1923 · 51-55, M
@Diotrephes I understand your point, but it’s circular thinking. The Supreme Court is the body that decides whether a law is constitutional or not.
Diotrephes · 70-79, M
@Harmonium1923
By definition, everything in the Constitution is constitutional. Under the constitution of the time, Black people has no rights in America. They were not like the Hispanics in the western territories, who were citizens.
I understand your point, but it’s circular thinking. The Supreme Court is the body that decides whether a law is constitutional or not.
By definition, everything in the Constitution is constitutional. Under the constitution of the time, Black people has no rights in America. They were not like the Hispanics in the western territories, who were citizens.
Harmonium1923 · 51-55, M
@Diotrephes You are confusing the Constitution with the manner in which it is interpreted by the courts and especially SCOTUS. There are many, many things that are not stated one way or the other in the Constitution. For instance, the Constitution doesn’t say one way or the other if the death penalty is permissible. It only says that “cruel and unusual punishment” is not—and the Supreme Court has decided at various times, and in different ways over the years, whether the death penalty does or does not constitute cruel and unusual punishment.
It was SCOTUS that ruled, in Dred Scott, that free Blacks were not US citizens, even if they were free, even if they were citizens of the state in which they lived, even if they could vote in that state, etc. The Constitution didn’t say one way or the other. If you are interested in the point I encourage you to read the actual decision.
It was SCOTUS that ruled, in Dred Scott, that free Blacks were not US citizens, even if they were free, even if they were citizens of the state in which they lived, even if they could vote in that state, etc. The Constitution didn’t say one way or the other. If you are interested in the point I encourage you to read the actual decision.
Diotrephes · 70-79, M
@Harmonium1923 In case you missed it, on slaves were allowed to be in Texas and no Blacks of any status were allowed in Oregon and some other states. If Congress was ever unified it could tell the SCOTUS to go F--- itself and that would be it. It did it once when it kicked 10 Confederate States out out the Union because they didn't ratify the 14th Amendment. On March 2, 1867 Congress overrode Johnson's veto and went on to expel 10 confederate states. Congress seldom uses its powers.