To: Cat loving Texan
But the case has been repudiated. The case was based on diversity jurisdiction. Back then you're citizenship was according to your state, not the national government. Therefore a slave escaping to a free state was still a citizen of the slave state he came from and subject to its laws. Now we have national citizenship and unless the 13th amendment has been repealed, I believe we do not have slavery anymore. I don't think you can get greater repudiation than that.
19 posted on
03/31/2006 8:09:33 AM PST by
Stag_Man
(Hamilton is my Hero)
To: Stag_Man
--But the case has been repudiated--
Dred Scott v Sandford was never overturned, rather it was rendered moot by the 13th Amendment, passed as a result of a war the case helped provoke by overturning the Missouri Compromise. The real lesson of Dred is the damage judicial review (something never expressly provided for in the US constitution BTW) can cause when it runs afoul of strong majority will.
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