In 1857 the Supreme Court ruled on the case of a Missouri slave named Dred Scott. Scott's master had taken him into the free state of Illinois. Because of the Missouri Compromise and a law passed by Congress, residents in free states could demand their freedom. So Scott sued for his freedom.
Scott's owner, John Sandford, challenged the constitutionality of the Missouri Compromise, arguing that slaves were private property protected by the Constitution against deprivation without due process of law. Therefore Congress lacked the constitutional authority to ban slaver in Illinois or anywhere else.
The Supreme Court ruled in Sandford's favor. Scott was sent back into slavery. And then the Court ruled that Congress lacked authority to forbid or abolish slavery in federal territories.
When Lincoln became president, he was so outraged by this verdict that he ignored and openly defied the ruling. His administration treated free blacks as citizens, issuing them passports and other legal documents - something that was unheard of. Then he signed legislation restricting slavery in the western territories.
The point he was making was certainly one about humanity and God given rights, but Lincoln was also demonstrating the beauty of a system put in place by a group of men who knew about the power grabbing nature of mankind. These men knew the courts were just as susceptible to the corruption of fallen man as the other two branches of government.
Today we seem to have forgotten that the three branches of government are equal in power to each other. There is no one branch that has more authority. And yet the courts seem to believe they have the final word on all matters that lie before them. Not so. We need to support the brave men and women who are courageous enough to stand up to the courts. We need to elect more politicians who know the Constitution and are willing to defend it. If we fail to do so, we can expect things like gay marriage and abortion to be forced upon us - and only ourselves to blame.
Scott's owner, John Sandford, challenged the constitutionality of the Missouri Compromise, arguing that slaves were private property protected by the Constitution against deprivation without due process of law. Therefore Congress lacked the constitutional authority to ban slaver in Illinois or anywhere else.
The Supreme Court ruled in Sandford's favor. Scott was sent back into slavery. And then the Court ruled that Congress lacked authority to forbid or abolish slavery in federal territories.
When Lincoln became president, he was so outraged by this verdict that he ignored and openly defied the ruling. His administration treated free blacks as citizens, issuing them passports and other legal documents - something that was unheard of. Then he signed legislation restricting slavery in the western territories.
The point he was making was certainly one about humanity and God given rights, but Lincoln was also demonstrating the beauty of a system put in place by a group of men who knew about the power grabbing nature of mankind. These men knew the courts were just as susceptible to the corruption of fallen man as the other two branches of government.
Today we seem to have forgotten that the three branches of government are equal in power to each other. There is no one branch that has more authority. And yet the courts seem to believe they have the final word on all matters that lie before them. Not so. We need to support the brave men and women who are courageous enough to stand up to the courts. We need to elect more politicians who know the Constitution and are willing to defend it. If we fail to do so, we can expect things like gay marriage and abortion to be forced upon us - and only ourselves to blame.
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