Or another Justice might argue that the proper remedy was legislative, not judicial.
Of course the ruling went dreadfully against Scott and not only against Scott, but against the whole class of slaves and ex-slaves, and even reached out and grabbed into shackles any negro African!
What wonderful leaps of judgment men make when unbound from the G-d of Nature's law, or rather by pride of legal logic bound in rough irons, unbreakable, to follies of process.
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Under the Constitution, it has been said that the proper place to assert claims against a candidate for not meeting the requirements for Presidency is in the electoral college and in the Congress when it contests the electoral college's decision -- that is when the President-to-be is finally known.
Yet there is a rule of nature against stealing people's time, and against misrepresentation in order to gain money or tangible favor. When a charlatan, mesmerizing or supported by the powerful for their own aims, runs for President I am harmed and you are, too. Our time, our energy, our funds are given through false premise into a cause. Yet because we are members of general class we have no standing to complaint, to demand a stop to it?
There's a break-down in natural law. And Natural Law has it's own defenses and it's own aetheral prosecutorial staff that at some point known only to G-d, Himself -- swing into action. And when they come to bring the charges it's against the nation as a whole.
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Justice Taney was a G-d-fearing man. But he let the process of the logic of law lead us all into breaking natural law in a hideous way. The resultant was a bloodier war than mankind has ever seen, where Death's Syckle swung quickly and up and down the field.
Justice Taney was a G-d-fearing man. But he let the process of the logic of law lead us all into breaking natural law in a hideous way. The resultant was a bloodier war than mankind has ever seen, where Death's Syckle swung quickly and up and down the field.A very emotional argument. Are you suggesting we ditch our system on Constitutional law and replace it with "natures law"? When judgments need to be made where will judges look to find the precepts of this law?
In his first inagural, Lincoln said:
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.