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Monday, July 25, 2022

Dred Scott was popular, Justice Kagan

Some things are so obvious that it surprises me that no one else says it. I am surprised no one pointed out to Justice Kagan that we have a Supreme Court to do that which is unpopular. The Court protects the Constitution from The Mob.

Miss Kagan said, "I’m not talking about any particular decision or even any particular series of decisions, but if over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for democracy."

She should know better.

The worst decisions made by the Supreme Court are the ones that were popular at the time.

Casey C. Sullivan, a lawyer, listed the worst decisions for Find Law.

Sullivan wrote, "Hands down the worst Supreme Court decision ever, Dred Scott held that African Americans, whether free men or slaves, could not be considered American citizens. The ruling undid the Missouri Compromise, barred laws that would free slaves, and all but guaranteed that there would be no political solution to slavery. The opinion even included a ridiculous parade of horribles that would appear if Scott were recognized as a citizen, unspeakable scenarios like African Americans being able to vacation, hold public meetings, and exercise their free speech rights."

That was in 1857. Regardless of their view of slavery, most Americans did not see black people as equals. At the time, black men were allowed to vote in only 5 of the 31 states.

As for riding at the back of the bus, black people were not allowed to ride on the streetcar in New York City as late as 1854. Chester Arthur represented the original Rosa Parks and had the law overturned. He represented Elizabeth Jennings who was the daughter of the nation's first black millionaire thanks to his invention of modern dry cleaning. Thomas Jennings had to buy his wife and children out of bondage.

But the Supreme Court followed popular opinion and said black people have no rights.

Sullivan's No. 2 was a 1927 decision that supported eugenics. Sullivan wrote, "In an 8-1 decision written by Justice Oliver Wendell Holmes, the Court upheld the forced sterilization of those with intellectual disabilities 'for the protection and health of the state.' Justice Holmes ruled that 'society can prevent those who are manifestly unfit from continuing their kind" and ended the opinion by declaring that 'three generations of imbeciles are enough.'"

Eugenics was popular until 1945 when the horrors of Germany's concentration camps brought home just what cleaning the gene pool involves. 

Next on the list was Korematsu v. United States. In 1944, the Supreme Court approved of the internment of Japanese Americans during World War II. 

No. 4 was Plessy v. Ferguson, which established separate but equal treatment of people by their race. Ah the days of colored water fountains and the like. This 1896 decision told black people to get to the back of the bus. (In this case, again, a streetcar.)

No. 5 was the striking of the Civil Rights Act of 1875 in 1883. It was basically the 1964 Civil Rights Act. Had justices followed the Constitution they would have spared black people 81 years of second-class citizenship.

And on and on. Justices cause plenty of damage when they listen to the public instead of the Founding Fathers. It took a Civil War and three constitutional amendments to overturn the Dred Scott decision.

Even then that was not enough. Look at No. 4 and 5 again.  

Kagan should know this but we do not live in a democracy. We live in a constitutional republic that has elected officials who are free to do that which they wish within the confines of the Constitution. The Supreme Court's job isn't to score runs for one side or the other, but rather to call the balls and strikes.

26 comments:

  1. For the cases you cited would any Democrat today argue in favor of stare decisis?

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    1. Of course they would.

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    2. I am making $90 an hour working from home. i was greatly surprised at the same time as my neighbour advised me she changed into averaging $ninety five however I see the way it works now. I experience mass freedom now that I'm my non-public boss.
      That is what I do... http://www.profit97.com

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  2. The Court protects the Constitution from The Mob.

    Depends on which Mob. A lot of people think the Demos should be RICOed.

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    1. Might be easier to stick on them , but flagrant treason ain't getting any attention . ūü§Ē

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  3. And to think that Justice Kagan isn’t even the lowest IQ member of The Supremes. The mind boggles.
    MartyB

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    1. She is the smart one compared to the other two liberal justices. Moe, compared to Curly and Larry. And Moe was usually wrong and made a fool of in the end.

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    2. Kagan was never a judge before she was appointed to the Supreme Court. She doesn't know what she doesn't know. She was hired to be a rubber stamp for the DNC agenda. And she's performed admirably for The Party. As has Sotomayor and as I assume Judge The First will too. Whatever the DNC needs, these gals plan on delivering for The Party.

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  4. If a justice doesn’t know we live in a constitutional republic, she should resign in disgrace. But the liberal justices are shameless.

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  5. After Robert Smalls escaped slavery with his family, some friends and some Confederate cannons by slipping past Ft. Sumter on March 14, 1862 he went to Philadelphia and defied by law by riding the street car.

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    1. Isn't that where "You're killing me, Smalls" originated?

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  6. I believe it should be Thomas Jennings, the inventor of the modern dry cleaning process

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    1. Yes, Thomas Jennings was her father. I see where I screwed that up
      I will fix it
      Thanks

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  7. “ The Supreme Court's job isn't to score runs for one side or the other, but rather to call the balls and strikes.”

    I wonder who determines the Zone???

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    Replies
    1. The Constitution determines the "zone".

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  8. There are now three totally incompetent, libtard, communist SCOTUS members. Thank God the last one went to meet Satan and we, hopefully, replaced her with a knowledgeable one.

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    1. Yes, she was Liberal but she had intellect and criticized decisions such as Roe, that were not incremental, thus allowing the states to forge appropriate law. Two decisions this session, New York (2A) and West Virginia (regulatory overreach) were ripe for a sweeping ‘Roe’ type decision. But SCOTUS showed appropriate judicial restraint, ruling on the issue at hand. This is the way it should work.

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    2. RBG didn’t disagree with Roe, she bemoaned the fact that it could be overturned because it was unconstitutional. RBG promoted lowering the age of consent so child prostitution could be legalized, she sought the Marxist plantation slavery state and is now in hell with her god

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  9. Kagan is masquerading as both a judge and a woman, failing miserably at both. Nuf said….

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  10. Anyone being considered for a federal judgeship, or appointment to the Supreme Court should be required to recite, in person and aloud before the nominating committee, the Preamble to the Constitution of the United States. Afterwards the nominee should recite and summarize each of the first ten amendments to t he Constitution. That should be followed by the nominee identifying the current, active, amendments.

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  11. "...if over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for democracy."

    That doesn't strike me as a particularly controversial statement. But she means stuff she likes.

    Borders are popular.
    Low taxes are popular.
    Law and order is popular.
    Guns are popular.
    Honest Elections are popular.

    But she doesn't mean any of those. She means Roe, which is popular with her crowd.

    btw, we're a democratic constitutional republic--in theory.

    The Democratic part is One Man, One Vote. Nope
    The Constitutional is fixed first principles. If only.
    The Republic part is representatives representing the public. Don't make me laugh.

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    1. "The Democratic part is One Man, One Vote. Nope
      The Constitutional is fixed first principles. If only.
      The Republic part is representatives representing the public. Don't make me laugh."

      Stealing that. Thanks in advance.

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  12. If she were an honest person them MAYBE she'd see the error of her nonsense.
    But she wasn't put on the court for her brilliance, she was put on because she's a party hack.

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  13. When history books are published (maybe if?) Kagen will be to Justices what Biden was to the Presidency.

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  14. First and foremost, we are a Representative Republic, not a Democracy. We elect representatives so they can make decisions which are sometimes unpopular.

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  15. Supreme court justices shouldn't be making decisions based on public sentiment, they are supposed to make Constitutionally based decisions.

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