|
And where in the constitution would he get authority to do that? |
Abraham Lincoln's Speech on the Dred Scott Decision -- Courtesy ...
…And now as to the Dred Scott decision. That decision declares two propositions-first, that a negro cannot sue in the U.S. Courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court-dividing differently on the different points.
…We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this. We offer no resistance to it.
....If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part, based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, to not acquiesce in it as a precedent.
Why this same Supreme court once decided a national bank to be constitutional; but Gen. Jackson, as President of the United States, disregarded the decision, and vetoed a bill for a re-charter, partly on constitutional ground, declaring that each public functionary must support the Constitution, "as he understands it."
Again and again have I heard Judge (Stephen) Douglas denounce that bank decision, and applaud Gen. Jackson for disregarding it. It would be interesting for him to look over his recent speech, and see how exactly his fierce philippics against us for resisting Supreme Court decisions, fall upon his own head. It will call to his mind a long and fierce political war in this country, upon an issue which, in his own language, and, of course, in his own changeless estimation, was "a distinct and naked issue between the friends and the enemies of the Constitution," and in which war he fought in the ranks of the enemies of the Constitution.
I have said, in substance, that the Dred Scott decision was, in part, based on assumed historical facts which were not really true; and I ought not to leave the subject without giving some reasons for saying this; I therefore give an instance or two, which I think fully sustain me. Chief Justice Taney, in delivering the opinion of the majority of the Court, insists at great length that negroes were no part of the people who made, or for whom was made, the Declaration of Independence, or the Constitution of the United States.
"On the contrary, Judge Curtis, in his dissenting opinion, shows that in five of the then thirteen states, to wit, New Hampshire, Massachusetts, New York, New Jersey and North Carolina, free negroes were voters, and, in proportion to their numbers, had the same part in making the Constitution that the white people had. He shows this with so much particularity as to leave no doubt of its truth; and, as a sort of conclusion on that point, holds the following language:
"Again, Chief Justice Taney says: "It is difficult, at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted." And again, after quoting from the Declaration, he says: "The general words above quoted would seem to include the whole human family, and if they were used in a similar instrument at this day, would be so understood."
…"He finds the Republicans insisting that the Declaration of Independence includes ALL men, black as well as white; and forthwith he boldly denies that it includes negroes at all, and proceeds to argue gravely that all who contend it does, do so only because they want to vote, and eat, and sleep, and marry with negroes! He will have it that they cannot be consistent else. Now I protest against that counterfeit logic which concludes that, because I do not want a black woman for a slave I must necessarily want her for a wife. I need not have her for either, I can just leave her alone.
"...Chief Justice Taney, in his opinion in the Dred Scott case, admits that the language of the Declaration is broad enough to include the whole human family, but he and Judge Douglas argue that the authors of that instrument did not intend to include negroes, by the fact that they did not at once, actually place them on an equality with the whites. Now this grave argument comes to just nothing at all, by the other fact, that they did not at once, or ever afterwards, actually place all white people on an equality with one or another."
Are unborn children human beings? Are they persons? No doubt about it. The following essays argue the pro-life case...
Some abortion advocates are willing to concede that unborn children are human beings. Surprisingly enough, they claim that they would still be able to justify abortion. According to their argument, no person-no unborn child-has a right to access the bodily resources of an unwilling host. Unborn children may have a right to life, but that right to life ends where it encroaches upon a mother's right to bodily autonomy. The argument is called the bodyright argument, and it is refuted in the following essays...
Why would it be wrong to kill an adult? Why would it be wrong to kill a baby after it has been born? Questions like these seems trivial, but their answers are extremely important to the abortion debate. What many people fail to realize is that most of the arguments used to justify killing unborn children could be used with just as much force to justify killing newborn children and, in some cases, even full-grown adults. The wrongness of killing is discussed in the following essays...
Homicide Based on the Killing of an Unborn Child -- In this essay, Alan Wasserstrom surveys the history of laws which prosecute feticide--the destruction of a human fetus--as homicide.
State Homicide Laws That Recognize Unborn Victims
The Unborn Victims of Violence Act (H.R. 503) recognizes unborn children as victims of federally prohibited crimes of violence. If someone injures or kills an unborn child while committing a violent federal crime against a pregnant woman, the assailant will be charged with a separate offense on behalf of the unborn child. The bill simply puts federal law behind the common sense recognition that when a criminal attacks a pregnant woman, and injures or kills her unborn child, he has claimed two human victims. The House passed H.R. 503 / vote: 252-172 April 26, 2001