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To: Monorprise

The due process clause in the Bill of Rights applies only to the federal courts. Taney was of course operating in the context of the fugitive slave law which had strengthened the rights of slave owners. The rights of slave ownership varied state by state, even in the South, and many of the northern states no longer recognized it. But when I say the Court made a hash of it, I meant the terms of Taney’s opinion. his obiter dicta. He was trying to settle a political issue in court.


22 posted on 04/04/2013 4:01:55 PM PDT by RobbyS
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To: RobbyS

“The due process clause in the Bill of Rights applies only to the federal courts. Taney was of course operating in the context of the fugitive slave law which had strengthened the rights of slave owners. The rights of slave ownership varied state by state, even in the South, and many of the northern states no longer recognized it. But when I say the Court made a hash of it, I meant the terms of Taney’s opinion. his obiter dicta. He was trying to settle a political issue in court.”

I agree completely. The problem was the radical republicans pushed for the 14th amendment because they were concerned that Taney’s Obiter dictum was law. A ridiculous position premium upon the idea that the Federal court makes law.


23 posted on 04/04/2013 4:50:30 PM PDT by Monorprise (`)
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