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To: AbsoluteJustice; Chancellor Palpatine
That something was unconstitutional

This is something I'm having a hard time getting my mind around, because I'm not a lawyer. When you say unconstitutional, do you mean the Florida or the US constitution ? If it's the US constitution, which article/clause or amendment has been violated? I ask sincerely. I'll ping Chancellor, because I know he's a lawyer, and this has really been bugging me.

If I'm following your thinking correctly, if congress had passed a law freeing any slaves who escaped instead of a constitutional amendment outlawing slavery, would it have been unconstitutional because Dred Scott had already been decided?

59 posted on 10/30/2003 9:49:03 AM PST by Warren_Piece (Birthday party, cheesecake, jelly bean, boom!)
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To: Warren_Piece; Chancellor Palpatine
"if congress had passed a law freeing any slaves who escaped instead of a constitutional amendment outlawing slavery, would it have been unconstitutional because Dred Scott had already been decided?"

No it would not be unconstitutional. The Dred Scott case/ and following law was not passed hastily after a court decision was rendered to overturn a court decision that was seen as unpopular. This was unprecendented in that the legislature hastily passed a law overturning 10 years of legal battle circumventing the checks and balances process. This is what I deem as unconstitutional IMO.

I would like Chancellor to weigh in on this as he is of higher authority than I with legal matters. TY for calling me on this.
69 posted on 10/30/2003 9:58:55 AM PST by AbsoluteJustice (Kiss me I'm an INFIDEL!!!!)
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