Czernobog
Gold Member
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- #1,921
Okay. Still doesn't negate that it is the responsibility, and sole propriety, of the Supreme Court to determine the constitutionality of legislation in the US.No, we're not. The Dred Scott case did not, per ce, rule that slavery was constitutional; only that, under the statutes allowing slavery, that slaves were not Unites States citizens, and had no standing to pursue suit in US courts.Unfortunately, for you, you are not the one who gets to make that determination. That would be the Supreme Court. And they do that, as with the case of Loving v Virginia, by ruling on, not by passing on, cases.That does no such thing. Choosing to not hear a case is not the same thing as ruling a law as Constitutional. The Supreme Court chose 26 times to pass on similar cases prior to Loving v. Virginia. Does that mean that the Court ruled 26 times that the laws prohibiting interracial marriage were constitutional. Clearly not. They simply chose to not take up the issue, and make a ruling either way.
The Supreme Court rules on the constitutionality of a law in only one way - by issuing a ruling. Cowardly choosing to avoid the issue is just that - avoiding the issue.
You assume (I think ignorantly) that the Loving v Virginia decision was itself a Constitutional ruling. I don't agree that it necessarily was. And for the record, I am in an interracial marriage myself. So, I am not saying that "interracial marriages" are NOT Constitutional or "should be" banned. However, I am saying that the States (government) does or SHOULD have the right to define marriage as it sees fit for society and the Loving v Virginia ruling took that Constitutional right away from the States.
That said, using YOUR logic... when the SCOTUS finally overturns Roe v Wade on the basis that it UnConstitutionally denies 14th Amendment rights to the children aborted. . . we can say that we were right all along about the UnConstitutionality about Roe. Can't we?
Just to be clear, we are talking about the same Supreme Court that once ruled that SLAVERY was legal and Constitutional.
Right?
While the ruling was distasteful, it was not incorrect. It was why the 14th amendment was necessary.
US History - the Dred Scott case
- The Court also ruled that Congress never had the right to prohibit slavery in any territory. Any ban on slavery was a violation of the Fifth Amendment, which prohibited denying property rights without due process of law.
- The Missouri Compromise was therefore unconstitutional.
JUST because one doesn't like a ruling does not make it invalid, and does not negate the Supreme Court's authority to determine constitutionality.
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