Word: dreds
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...Despite these heavy wounds, both strict construction and original intent have been summoned up again and again by judicial advocates who have found them useful. Chief Justice Roger Taney, a sometime slaveholder, invoked both when, in 1857, he handed down the decision denying the freedom sought by the slave Dred Scott. Neither slaves nor their descendants, said Taney, were "intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges." Nor could they ever be included, since no court or Congress or President could "exercise any authority beyond the limits...
Constitutional scholars like Harvard's Laurence Tribe and Columbia's Vincent Blasi see a cloaked radicalism in such doctrine. While claiming legitimacy from the founders, they argue, a decision like Dred Scott flouts decades of evolving law and practice--in this case the Missouri Compromise, along with other statutes through which Congress sought to regulate slavery in the territories. The real orthodoxy and stability in law, says Blasi, is to adhere to the expanding thrust of precedent, and to respect and integrate the judgments of successive generations, rather than ascribe mythical intentions to the Founding Fathers. As Justice Oliver Wendell...
Martial music filled the state-controlled air waves, the government issued a frantic call for volunteers, and Jumblatt warned that a "decisive battle" is inevitable. When the artillery fire quieted down, the disturbing news came that several hun-dred Syrian-backed guerrillas from the Palestine Liberation Organization were aiding the Shi'ites. Just as the fighting in Beirut intensified, so did the skirmishing between the White House and Congress over the Marine presence in Lebanon. Prodded by Speaker Tip O'Neill, the House Foreign Affairs Committee held hearings on a resolution that urged the "prompt and orderly withdrawal...
...overcome this, the existence of non-white Americans must somehow be included in the academic mains tream of Harvard. I can envision a course titled "Impactful Decisions of the U.S. Supreme Court" taught by Professor Archibald Cox. Surely such a course would include the Dred Scott Case, Pleasy vs Forguson, Brown vs Topoka, etc. It would also attract students from the entire community...
...Supreme Court did not use the power Marbury gave it for 54 years. When it did, with the Dred Scott decision of 1857, which struck down the Missouri Compromise and declared slaves to be property with no rights as citizens, it helped start the Civil War. During Reconstruction, the Constitution was amended to ensure that blacks were treated equally: no state, said the majestically vague 14th Amendment, shall deprive persons of "equal protection" or "due process" under...