"The decision of Scott v. Sandford, considered by many legal scholars to be the worst ever rendered by the Supreme Court, was overturned by the 13th and 14th amendments to the Constitution, which abolished slavery and declared all persons born in the United States to be citizens of the United States."The bigger question is why hasn't the Dred Scott decision been officially overturned by the Supreme Court yet?
"The decision of Scott v. Sandford, considered by many legal scholars to be the worst ever rendered by the Supreme Court, was overturned by the 13th and 14th amendments to the Constitution, which abolished slavery and declared all persons born in the United States to be citizens of the United States."
Dred Scott v. Sandford (1857)
EnlargeDownload Link Citation: Judgment in the U.S. Supreme Court Case Dred Scott v. John F. A. Sandford; 3/6/1857; Dred Scott, Plaintiff in Error, v. John F. A. Sandford; Appellate Jurisdiction Case Files, 1792 - 2010; Records of the Supreme Court of the United States, Record Group 267...www.archives.gov
no that is an amendment to the constitution and word play. I want to know why the Supreme Court has not overturned this ruling specifically? It is still cited.
There is more to that ruling than just becoming a citizen. The 1 drop rule for instance and a lot more is comprised in that ruling, it should be overturned officially and for some reason it hasn't been. Since they have refused to officially overturned it, this decision is the main argument for FBA's to use to distinguish themselves as a lineage to achieve reparations because it can still be cited as a ruling to this very day.
It is no different than plessy vs ferguson which also defied the 13th and 14th amendment. Both Dred and plessy should both be officially overturned and deemed unconstitutional by the current Supreme Court just like they did with Affirmative Action in education policies and Roe v Wade.It's not wordplay. The Dred Scott decision was nullified by the 13th and 14th Amendments to the Constitution. The 13th Amendment abolished slavery, and the 14th Amendment granted citizenship to all persons born or naturalized in the United States, which overrode the key ruling in Dred Scott that Black people could not be citizens. The 13th and 14th amendments voided its legal validity. You won't find any court citing Dred Scott as a precedent. It holds no legal weight, same with the "one-drop rule" and other aspects of the decision. They have long since been discredited and hold no legal authority today. It's why the Republican group citing it resulted in ridicule. They would be laughed out of court trying to present such a case.