Dred Scott

Apr. 8th, 2007 01:56 pm
joshwriting: (Default)
[personal profile] joshwriting
Yesterday was the 150th anniversary of one of the greatest travesties the US Supreme Court has ever handed down.

From the Wikipedia article on the subject:

In 1857, Chief Justice Roger B. Taney, of the United States Supreme Court, delivered the majority opinion. It consisted of the following points:

* Any person descended from black Africans, whether slave or free, is not a citizen of the United States, according to the U.S. Constitution.
* The Ordinance of 1787 could not confer freedom or citizenship within the Northwest Territory to Black people.
* The provisions of the Act of 1820, known as the Missouri Compromise, were voided as a legislative act because the act exceeded the powers of Congress, insofar as it attempted to exclude slavery and impart freedom and citizenship to Black people in the northern part of the Louisiana cession.

In effect, the Court ruled that slaves had no claim to freedom; they were property and not citizens; they could not bring suit in federal court; and because slaves were private property, the federal government could not revoke a white slave owner's right to own a slave based on where he lived, thus nullifying the essence of the Missouri Compromise. Chief Justice Taney, speaking for the majority, also ruled that Scott was a slave, an object of private property, and therefore subject to the Fifth Amendment prohibition against taking property from its owner "without due process."
**************

There is an aptness in this occurring during Passover, to me at least. Passover, to me, serves as a reminder that there is still slavery in the world and that there are great social injustices still to be addressed and beaten.

Date: 2007-04-08 06:53 pm (UTC)
From: [identity profile] malkaesther.livejournal.com
Also seems an aptness to me in the timing on that. Thank goodness slavery in the US and other laws of segregation have finally been eliminated. Someday may we have true equality for everyone, everywhere.

Date: 2007-04-08 07:29 pm (UTC)
From: [identity profile] ratesjul.livejournal.com
I found that very interesting. Thank you.

Date: 2007-04-08 07:43 pm (UTC)
From: [identity profile] zilsrainydayz.livejournal.com
yes, that connection is very interesting. I recently learned about all the acts and compromises and cases of the US, but I didn't know of the connection to passover.

Thanks for that.

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