It was literally Taney's argument that the existence of discriminatory laws proved that free black Americans were definitionally not citizens, rather than treating their exercise of key aspects of citizenship as the starting point.https://twitter.com/jbouie/status/1424723653346873348 …
-
-
It also cleverly avoids the whole issue Jamelle brought up, which is the varying ways that States actually treated black people. It is dicta, it has no authority for other cases because it rests on nothing but Taney's word regarding the original situation at Ratification.
-
I don't think you understand how dicta works. It's a majority opinion of the US Supreme Court on whether the Court had jurisdiction over the case. It's non-binding today only bc it was abrogated by the 14A.
- Show replies
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.