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To: Lurker; carton253; The Pack Knight

The lack of slavery does not moot or vacate these rulings — on the Fugitive Slave Laws, including Dred Scott — as precedent law with regard to what may be done to citizens by Federal police dicta, and to whether the states can say “NOT CONSTITUTIONAL”. This is the way of judges who follow a morally neutral philosophy of stare decisis, who subsume and vacate long established common law principles, for the sake of stultifying chains of logic based off of vulgar distempered and faddish legislation.


20 posted on 11/18/2010 7:09:51 AM PST by bvw
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To: bvw
Your legal analysis, to put it politely, is severely confused.

Also Wikipedia is - as usual - wrong about the details of the Act.

23 posted on 11/18/2010 7:20:06 AM PST by wideawake
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To: bvw
Lots of big words... good thing I understand them all.

You're correct, laws on the book can be used as prescedent, but the basis/ruling for the laws you cited is property rights.

That's why I would consider these laws as "moot."

Citizens are not property. That's why I doubt anyone would go into Federal Court and argue the Fugitive Slave Law or Dred Scott to support the governemnt's right to "grope" airline passengers.

28 posted on 11/18/2010 7:33:59 AM PST by carton253 (Ask me about The Stainless Banner - a free e-zine dedicated to the armies of the Confederacy.)
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