Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Dred Scott

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
RPM Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-10-04 09:25 PM
Original message
Dred Scott
Much has been made of the use of Dred Scott as code for *'s minions. My question revolves around the precise meaning of the code:

Does the code stand for the proposition that the Supreme Court can err and when it does it should reverse itself quickly; i.e. Roe was wrongly decided and it should be reversed narrowly.

-OR-

Does the code stand for the proposition that Dred Scot was wrongly decided as it specificly rejected "Higher Law" as grounds to limit slavery; i.e. all cases decided without regard to "higher law" (namely, biblical law) are wrongly decided and should be reversed.

I thought for the longest time that the former was the point, but in light of the recent discussions of allwoing judges to invoke biblical law where secular law fails (his needs). Very scary as it would be a license for Conservative Juridicial Activism.

Your thoughts?
Printer Friendly | Permalink |  | Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC