Lincoln's oath of office was administered by of all people Chief Justice Roger B. Taney, who authored the majority opinion
in Dred Scott.
I am convinced that it is because Vallas operates on the basis of the Supreme Court decision
in the Dred Scott case: «Black people have no rights that Whites are bound to respect.»
In Dred Scott v. Sandford Chief Justice Taney seemed to hand supporters of slavery a total victory, but it led to their ultimate defeat.
The city of Baltimore took down monuments to Lee, Jackson and pre-Civil War Supreme Court Chief Justice Roger Taney, who wrote the majority decision
in the Dred Scott Case, ruling that the descendants of slaves were not US citizens.
Some critics at the time charged Lincoln with violating rights of private property and of thus contradicting the Supreme Court's decision
in Dred Scott.
None of what Lincoln achieved — the eventual abolition of slavery, the preservation of the Union — would have happened had Lincoln not thought himself constitutionally authorizedto resist the Supreme Court's decision
in Dred Scott; constitutionally obligated, by his oath, to resist secession; and constitutionally empowered, as commander in chief, to fight the enemy with the full powers at his disposal, which included military force, blockade, suspension of habeas corpus, arrest and detention, seizure of enemy property, and emancipation of Southern slaves.
The final word on slavery and secession did not come from the Supreme Court's decision
in Dred Scott v. Sandford.
During the nineteenth century, the Court often made up its own Constitution, most notoriously in the 1857 decision
in Dred Scott v. Sandford.
This happened, for example, when the Supreme Court of the United States, in a ruling that helped to precipitate the Civil War, held
in Dred Scott v. Sandford that blacks were noncitizens — and, for all practical purposes, nonpersons — possessed of no rights that white people must respect.
If we like what the Justices did in Brown v. Board, let us not forget what they did
in Dred Scott.
Our archonocracy has arisen... not from the intent of the Framers but from the claim of the Court, first enunciated and implemented
in Dred Scott, that it has the duty (hence power) to void Federal law it deems unconstitutional.
I think the Supreme Court got it wrong in 1857
in Dred Scott v. Sandford, when it held that an African - American whose ancestors had been brought to the U.S. as slaves could not be a citizen and thus had no legal standing.
Congress has not defied the Supreme Court, as it ultimately did
in Dred Scott.
This happened, for example, when the Supreme Court of the United States, in a ruling that helped to precipitate the Civil War, held
in Dred Scott v. Sandford that blacks were noncitizens» and, for all practical purposes, nonpersons» possessed of no rights that white people must respect.
Defenders of the Supreme Court's infamous pro-slavery decision
in Dred Scott v. Sandford, for example, advanced precisely this view of judicial power.
Having in mind the shameful jurisprudence inaugurated by the Court
in Dred Scott in the mid-nineteenth century, Lochner v. New York in the early twentieth, and Roe v. Wade and numerous other partisan decisions in our own time, one might say: «I'm sorry, but that is, to say the least, not persuasive.»
Lincoln really was guided by his view of what the Constitution required of him: to fight secession; flout the Supreme Court's fabrications
in Dred Scott; and in these great causes deploy all his lawful powers as commander - in - chief — including that «seizure» of enemy «property» called the Emancipation Proclamation.
Not exact matches
Were a person to have violated a court order directing the return of a runaway slave when
Dred Scott was the law, would a genuinely held belief that a slave was a human person and not an article of property be a matter the Court could not consider
in deciding whether that person was guilty of a criminal contempt charge?
Anyone remember
Dred Scott... having the Court legislate hasn't worked well
in the past, and now we do repeat it.
The notorious
Dred Scott decision (1837) asserted that because slaves were their masters» property Congress could not ban slavery anywhere
in the United States — a holding that ignored the Framers» compromise of tolerating slavery temporarily but allowing eventual measures against it.
(Roe's theory of «substantive due process,» which was also the basis for
Dred Scoff and Lochner, has always landed the court
in trouble, because it strikes down properly enacted laws that interfere with whatever the justices conclude is an important «liberty»)
Pretty strong language, but no stronger than the metaphor Daniel Mitchell of the Heritage Foundation used,
in an op - ed article
in The Washington Times, to «describe a bill designed to prevent corporations from rechartering abroad for tax purposes: Mitchell described this legislation as the «
Dred Scott tax bill,» referring to the infamous 1857 Supreme Court ruling that required free states to return escaped slaves.
In thinking about them, we should bear in mind that Lincoln refused to accept the ruling of the Dred Scott Court that blacks — even free blacks — could not be citizen
In thinking about them, we should bear
in mind that Lincoln refused to accept the ruling of the Dred Scott Court that blacks — even free blacks — could not be citizen
in mind that Lincoln refused to accept the ruling of the
Dred Scott Court that blacks — even free blacks — could not be citizens.
Had the matter not finally been settled by the Civil War and the Thirteenth, Fourteenth, and Fifteenth Amendments, this pressure might well have resulted
in a gradual dismantling of
Dred Scott.
Hey
dred — Do you realise that Belfast —
in Northern Ireland is built on seven hills?
Roe and the decisions reaffirming it are equal
in their audacity and abuse of judicial office to
Dred Scott v. Sandford.
As many others have done, the religious leaders point to the ominous parallels with the infamous
Dred Scott decision about slavery
in 1857.
He was given the presidency
in a Supreme Court decision that rivaled
Dred Scott for stupidity.
Justice Antonin Scalia declares
in Stenberg v. Carhart that he is «optimistic enough to believe» that the decision constitutionally protecting partial «birth abortion will «one day... be assigned its rightful place
in the history of this Court's jurisprudence beside Korematsu [validating internment of Japanese «Americans during World War II] and
Dred Scott [holding white supremacy and racial slavery as fundamental tenets of American constitutionalism].»
The Justice labored mightily only to produce an intellectual and moral embarrassment, one that will shadow him forever
in much the same way and for much the same reason that
Dred Scott haunts the reputation of Roger Taney.
Sandford (whose name was actually Sanford), acting on behalf of his sister who was
Dred Scott's owner, injected into the litigation the question whether any black person, free or slave, could be a citizen of the United States, and he directly challenged the constitutionality of the Missouri Compromise of 1820, which forbade slavery
in the Louisiana Territory north of latitude 36 ° 30».
With the specter of civil war looming, the new President, who had denounced the
Dred Scott decision repeatedly
in his senatorial campaign against Douglas
in 1858 as well as
in the presidential campaign, turned attention to it
in his remarks to the nation.
'» To Lincoln
Dred Scott was an abomination, but for reasons of principle going even beyond those set forth by the dissenting Justices
in the case.
In office, Lincoln gave effect to his position against judicial supremacy by consistently refusing to treat the
Dred Scott decision as creating a rule of law binding on the executive branch.
Whatever Marbury was supposed to mean about the scope of the power of judicial review, it is a notable fact that the Court declined to exercise that power to declare another act of Congress to be unconstitutional until 1857, when it ruled
in the case of
Dred Scott v. Sandford.
McPherson points out that «so thoroughly did the
Dred Scott decision pervade and structure the Lincoln - Douglas debates [
in 1858] that
in one of those debates a Douglas supporter shouted from the audience to Lincoln: «Give us something besides
Dred Scott.»
Does the Supreme Court's ruling striking down state prohibitions of abortion
in the 1973 cases of Roe v. Wade and Doe v. Bolton belong on the plus side of the Court's ledger with Brown v. Board or on the minus side with
Dred Scott?
His mature and most profound reflections on the scope of judicial power and the role of the judiciary
in the American constitutional system came
in relation to the debate over
Dred Scott.
In other words, most today hold the Stephen Douglas view in which Dred Scott was accepte
In other words, most today hold the Stephen Douglas view
in which Dred Scott was accepte
in which
Dred Scott was accepted.
It was the
Dred Scott case that President Abraham Lincoln had
in mind when he said
in his First Inaugural Address:
Plessy v. Ferguson, the case where the Court
in 1896 embraced segregation as constitutional, was the ugly, illegitimate stepchild of
Dred Scott
in 1857.
From his stance toward
Dred Scott, one can speculate that Lincoln likely would have championed popular resistance to Plessy,
in order to overturn it as a precedent.
Justice Scalia was quite right to analogize the Supreme Court's
Dred Scott and Casey decisions («Abortion and a Nation at War,» October),
in that the question
in each case was not resolved by the decision.
The most important argument used by Chief Justice Roger Taney
in denying
Dred Scott his freedom was a due process one.
In 1857, the Fugitive Slave Act of 1850 was strengthened by a Supreme Court ruling that Dred Scot, a slave bought in the South and taken to the North were still a slave, who had to be returned to his maste
In 1857, the Fugitive Slave Act of 1850 was strengthened by a Supreme Court ruling that
Dred Scot, a slave bought
in the South and taken to the North were still a slave, who had to be returned to his maste
in the South and taken to the North were still a slave, who had to be returned to his master.
«
In an affront to every sensible Monroe County voter, Louise compared her campaign to the plight of former slave
Dred Scott and the millions of African - Americans who suffered under the scourge of slavery,» said Noah Lebowitz.
This decision ranks with
Dred Scott, Citizens United and Bush v Gore among the most morally bankrupt and non-constitutionally based political decisions
in the courts history.»
He actively lobbied the Supreme Ct. to decide the
Dred Scott v. Sandford suit that would maintain the status of slaves; and even allow slavery
in new territories.
In Maryland, workers began the removal of a statue honoring Supreme Court Chief Justice Roger Taney, who presided over the
Dred Scott decision.
In the infamous
Dred Scott case, the US Supreme Court decided that African Americans were not of America, and they had no rights that «a white man was bound to respect.»