In other words, most today hold the Stephen Douglas view in
which Dred Scott was accepted.
Not exact matches
(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»)
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».
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.
Lincoln discussed the
Dred Scott decision of 1857,
which ruled that African slaves and their descendants were not protected by the constitution and could never be citizens by saying,
A dissent in the famous
Dred Scott case, to
which the birthright citizenship clause of the 14th Amendment enacted less than a decade later was a response, illustrates the concern:
The prime example of pre-Warren judicial supremacy was
Dred Scott v. Sanford,
which the liberals don't like to talk about because it is so embarrassing.