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To: Jeff Winston
No, they didn't.

Yes, they did. Dred Scott was the case which was the polar opposite of Wong Kim Ark in terms of legal theory. Dred Scott was passed with a larger majority than Wong Kim Ark, and was regarded as the settled law of the land up until the 14th amendment.

In the debates on the Civil Rights act of 1866, they even mention that their intent is to rebuke and repeal the Dred Scott decision of 1857. They didn't say "let's pretend it isn't the law.", They said "let's overturn it with an Amendment!"

And in this particular case, I've read quite enough by now to know that their ruling IS in line with our history, Constitution and law, and YOU are absolutely, categorically, totally, completely, full of ****.

Their ruling (Wong Kim Ark) is in line with the politics and social policy they wished to advance. It is contrary to previous law, and the proof of this is the status of Indians, Slaves, and British Loyalists who are all obvious violations of this "so-called" previous law.

247 posted on 04/19/2013 7:44:11 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
Yes, they did. Dred Scott was the case which was the polar opposite of Wong Kim Ark in terms of legal theory. Dred Scott was passed with a larger majority than Wong Kim Ark, and was regarded as the settled law of the land up until the 14th amendment.

The point was that you claimed, falsely, that a previous Court had said the "exact opposite" of Wong Kim Ark.

They didn't. There was no such ruling in regard to citizenship as what you claimed. Ever. Not even in Scott v. Sandford.

Scott v. Sandford never said the children born here of aliens weren't citizens, or weren't natural born citizens, or had to have two citizen parents in order to be natural born citizens or eligible to the Presidency.

Scott v. Sandford said black people were regarded by the Founders as an inferior class of beings, not included in the "people of the United States," and that therefore they were not and could never become US citizens.

It was a bad ruling from the very beginning, as the claim violates the very first sentence on which our entire Republic was founded: "We hold these truths to be self-evident: That all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are Life, Liberty, and the pursuit of Happiness."

And that ruling was recognized as garbage pretty much from the very beginning. Lincoln's Attorney General Edward Bates wrote an Opinion in which he basically said that their comments on black people not being able to be citizens were garbage dicta, and the Lincoln administration was simply going to ignore them.

253 posted on 04/19/2013 8:51:42 AM PDT by Jeff Winston
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