On this day in 1857, Dred Scott v Sandford was decided incorrectly. In a 7-2 decision, it found that African Americans — even free ones — were not citizens and therefore had no standing to sue in federal court. Dred Scott was a slave who had been taken by his owners to free states — that is: states where slavery was illegal. Dred Scott argued that once in a free state, he ought to be able to walk away. That’s a good argument. That’s why the Court decided to claim that African Americans just couldn’t be citizens.
In dissent, Justice John McLean noted that there was nothing in the Constitution that said that African Americans couldn’t be citizens. He noted that in five of the states at the time the Constitution was ratified, black men could, in fact, vote — indicating that they were, in fact, citizens. What’s more, there had been a case two decades earlier, Marie Louise v Marot, which was basically the Dred Scott case, but before the Louisiana Supreme Court. And it was found the opposite way.
The great villain in all of this is Supreme Court Chief Justice Roger Taney — usually number one on the list of worst Chief Justices in history. And he didn’t stop at simply declaring all African Americans ineligible for citizenship. He did what the Roberts Court did in Citizens United v FEC — greatly expanding the scope of the case. In Dred Scott, he greatly expanded the power of slave states and indirectly hastened the Civil War. The other dissenting opinion by Benjamin Robbins Curtis was basically that if the Court had no jurisdiction, then it should shut up about territorial matters. That’s a good point, although hardly the morally and legally clear argument that McLean had made.
(Let me just note something that I think is telling. When Sarah Palin was asked what Supreme Court decisions she disagreed with besides Roe v Wade, she had no answer. Neither Dred Scott nor Plessy v Ferguson (“separate but equal”) came to her mind. This is the very definition of white privilege. Over 600,000 people died in the Civil War — our deadliest war for obvious reasons. But she just wasn’t interested in that. There were zygotes that had to be saved!)
I think today, Dred Scott v Sandford is generally considered the worst Supreme Court decision in history. And that’s saying a lot. Because as an institution, it has generally represented the most conservative impulses — stopping the country whenever it tried to expand freedom and empower the powerless. Taney and Scalia and Roberts, for that matter, are not exceptions; they are the rule.
I don’t think of myself as someone who scoffs at people. But it’s gotten pretty hard not to do a whole lot of scoffing at the Republican establishment as it grapples with the rise of Donald Trump. And that brings me to Michael Gerson’s column in The Washington Post last week,
On this day in 1616, De Revolutionibus Orbium Coelestium was placed on the Index Librorum Prohibitorum. But I put it that way because I’m suffering from heartburn and feeling very old today. (It is my little sister’s 51st birthday today!) Anyway, the book in question is Copernicus’ On the Revolutions of the Heavenly Spheres, and it was placed on the Catholic Church’s Index of Forbidden Books.
I didn’t watch much of the Republican debate last night. From what I heard, it was like the one before: basically a street brawl. What I did see showed that the non-Trump candidates really don’t understand their party. They keep hammering away on Trump from the right, as though the Republican base really cares about the ideology of the party. I would think after all these months, everyone would understand: Trump is a conservative to the base because he is a jerk. He struts around like a dictator, and they love it. To them, he is an “every man” because they too would act that way if they had billions of dollars.
On this day in 1857, England and France started the
Peter Beinart is a liberalish writer who makes me wonder about our country. He was born into his job. He had the right parents, went to the right schools, and then, of course, New Republic hired him because he was liberish writer who could depend upon to be a war cheerleader that Andrew Sullivan so loved. That doesn’t mean he’s stupid. Not at all, in fact. Intelligence is mostly a matter of environment, and Beinart has had a great environment. I’m just saying that he wouldn’t be a contributing editor at The Atlantic and no one would have published his mediocre books. I’m saying that he might be writing for struggling daily if he had been raised by retail clerks from the central valley.
On this day in 1781, the Continental Congress adopted the
I came upon this article from over four years ago,
I listened to a little bit of the most recent Republican debate. And Ted Cruz used the same attack on Donald Trump again and again: that he sounded like Hillary Clinton. But I thought the attacks fell flat. It seems to me that Republicans hate Hillary Clinton because she’s Hillary Clinton; but they don’t think that every idea she has is a bad one. And that’s especially true on foreign policy because she’s well known as a hawk. People like Cruz (and honestly, Marco Rubio too), the Republican catechism is so well known, that they don’t realize it is more or less meaningless to most actual Republicans.
But it does lead us to the point where the Republican Party establishment can’t counter someone like Donald Trump by comparing hims policies to Hillary Clinton’s policies. Because the base doesn’t care. They hate Hillary Clinton. They don’t hate Hillary Clinton policies. It’s just like they hate Obamacare, but not Obamacare policies. I’ve noted this many times before. It’s amazing how popular universal healthcare is with Republican voters. It is only when they told that it is not something their side believes in that they have a problem with it. As it is, Obamacare is as conservative a law as you could have that would actually improve the healthcare situation. So why do conservatives hate it? Because they were told to.
Before the South Carolina primary, Real Clear Politics had him pegged at losing by
On this day in 380 CE, the Edict of Thessalonica was released in the Roman Empire. It was issued by emperors Theodosius I, Gratian, and Valentinian II. And it basically said that all Roman citizens should convert to Christianity. It was the result of Constantine’s conversion to Christianity in 312. As