The Supreme Court Has Made Bad Decisions Before

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Published on: July 3, 2015

Last week, the Supreme Court of the United States made political decisions that will be devastating to American society for the next few years. The five unelected justices on the court deemed the immoral activity of homosexuality a right that must be accepted by traditional religious citizens. Then six justices rewrote the Affordable Care Act, known as Obamacare for the legislative body of government, and struck down what the law stated and interjected what the court reasoned it should have stated.

This is not the first time the SCOTUS has made bad decisions from the bench. I immediately thought of the Dred Scott decision of 1858 that reasoned “that a black man had rights a white had to respect.” The United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States and, therefore, Scott could not bring suit in federal court under diversity of citizenship rules. The Court had ruled that Africans had no claim to freedom or citizenship. Since they were not citizens, they did not possess the legal standing to bring suit in a federal court. As slaves were private property, Congress did not have the power to regulate slavery in the territories and could not revoke a slave owner’s rights based on where he lived. This decision nullified the essence of the Missouri Compromise, which divided territories into jurisdictions either free or slave.

Speaking for the majority, Taney ruled that because Scott was simply considered the private property of his owners, that he was subject to the Fifth Amendment to the United States Constitution, prohibiting the taking of property from its owner “without due process.”

President Abraham Lincoln‘s Emancipation Proclamation in 1863, which freed slaves in Confederate states, and the post-Civil War ThirteenthFourteenth and Fifteenth amendments nullified the decision. These amendments do not apply to legal aliens.

The second bad decision was Plessey vs. Ferguson in 1898, which established Jim Crow as the law of the land. Plessy v. Ferguson, 163 537 (1896), was a landmark United States Supreme Court decision upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of “separate but equal“.

The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan. Louisiana Justice Edward Douglass White was one of the majority: he was a member of the New Orleans Pickwick Club and the Crescent City White League, the latter a paramilitary organization that had supported white supremacy with violence through the 1870s to suppress black voting and regain political power by white property owners.

“Separate but equal” remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education. We are still battling the Brown decision in a variety of ways, in education, employment and entrepreneurship.

It is time to focus on electing officials who will fight for your interests in their respective offices. That means voting for your position and not that of the party, the leader, the president, but for you, the citizen. Until, we take that right to vote and obligation of civic participation seriously, the political ruling class will continue to sellout the American people from Washington and state capitols for the special interest groups. That is why Donald Trump’s entry into the race is so important. He tells the truth about trade, immigration, and the American Dream.

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