Memo to all lawyers: Never cite the Dred Scott case approvingly. Ever.
With the recent death of Supreme Court Justice Antonin Scalia and the battle shaping up over whether Barack Obama should appoint his successor, I decided to jump in with my list of the three worst Supreme Court Justices of all-time (in chronological order).
The Black Lives Matter movement is a relatively recent movement, but the problem that it seeks to address is one that is as old as America's history. This is something that really does not get addressed as often as it should be, which is one of the reasons why I appreciated my brief discussion with Gordon about the fate of Mario Abraham.
Dred Scott, Substantive Due Process, and the Logic of Natural Rights: A Further Reply to Matthew Franck
Perhaps nothing has damaged the reputation of "substantive due process" more than that doctrine's association with Dred Scott v. Sandford (1857) -- the infamous decision holding that Congress lacked the power to ban slavery in federal territories and blacks had no rights under the Constitution that whites were bound to respect.
Any sufficiently shameless and ambitious politician knows that a smoothly delivered fabrication on live television impresses millions more than will read the next day's refutations.
Whatever the nation decides to do about immigration, it cannot take away American citizenship from those people who were born here, even if their parents are undocumented. Such children are natural born citizens, or birthright citizens.
The GOP presidential hopeful wants citizens to disobey the Supreme Court ruling.
Mr. Trump's suggestion about repealing the Fourteenth Amendment gives us the opportunity to not only examine the case that gave rise to the Fourteenth Amendment but to compare that case with a more recent U.S. Supreme Court decision.