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Archived [ARCHIVED THREAD] - Worst Supreme Court Decision? (Page 2 of 2)
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Link Posted: 8/5/2005 2:57:05 PM EDT
[#1]
On a related note

news.yahoo.com/s/ap/20050805/ap_on_go_su_co/roberts_court_tenure_1

New SC nominee Roberts argued that "lifetime" appointments were not in our best interests.

Me too.  No Kings, in fact no aristocracy of any kind.  That's why we have Hollywood.
Link Posted: 8/5/2005 4:07:40 PM EDT
[#2]
Quoted:
Quoted:
Quoted:
Anyone that didn't vote for Dred Scott is wrong.


Dred Scott was correct decision. At the time, slavery was constitutionally authorized, and the Dred Scott decision was in line with it. Anything else would have been a extreme form of "judicial activism". The error was in the initial premise that humans could be property, and the writing of this premise into the Constitution in the first place.


Did you ever read Dred Scott? It was NOT correctly decided. It was a horrendous decision that flew in the face of a host of facts. The decision was the first application of substantive due process, a pernicious doctrine that lives on in most judicial activist decisions.


Dred Scott was terrible legal reasoning.  It might be argued that it was sound social policy.  Who in their right mind would want slaves to see their free black brethren armed walking down the street.  The guy that wrote the 14th Amendment intentionally used the language of the Dred Scott (Privileges and Immunities) decision to overturn Dred.
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