Ok.... since a lesson in remedial law is clearly needed:
What is the difference between Dictum and Holding?
From Cornell Law, http://definitions.uslegal.com/d/dictum/
Dictum:
Dictum is a statement, comment, or observation in a judicial opinion that is unnecessary to the decision in the case.
Holding:
Unlike the holding (final determination) in a case, dictum is not binding on other courts deciding similar issues. However, sometimes dictum is so widely recognized by other courts that it is adopted into an opinion as though it were binding authority on a matter, and in such a case it is referred to as “considered dictum”. Although dictum may be cited in legal argument, it does not have the binding force of a precedent (previous court decisions or interpretations) since the remark was not part of the legal basis for the decision.
What you quoted is from the DICTUM of the case. Information and details that led to the majority opinion that finalized the case.
The quote that you chose, when taken BY ITSELF, out of context within the Dictum, can and does have a different meaning. When you read it IN CONTEXT with the entire dictum, and in the final HOLDING, it has a different meaning.
The justices here are giving information from which they BASED their decision, and in quoting it as you have, you have (perhaps deliberately or not) taken it OUT OF CONTEXT.
Our Laws have much in common with British common law, they have the same foundational basis. However, it is clear the founders took some parts of British common law, and left others to the British. The Law of Nations has much in common with both of our systems of law, therefore they share many similarities, and in many other respects they are quite different. You cannot accurately say that our laws descend from British Common Law. That is NOT an accurate statement.
We are not (were not) American Subjects, we are American Citizens, and different rules apply to us in our system than did to British Subjects did under theirs.
Dictum? Use that word in a sentence.
Orly Taitz dictum when she took money for for working on the case!
parsy, who is not trying to be risque, but I just got off an Orly thing and I’m still laughing at it....forgive me...
So earlier when you quoted from Minor v. Happersett, where you quoting from dictum or holding?