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| Re: WSJ interview with Jeb Bush: GOP must be national party, moderate on immigration, push school ch (415514) | |||
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Re: WSJ interview with Jeb Bush: GOP must be national party, moderate on immigration, push school ch |
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Posted by trainsarefun on Sun Feb 15 23:34:56 2009, in response to Re: WSJ interview with Jeb Bush: GOP must be national party, moderate on immigration, push school ch, posted by Olog-hai on Sun Feb 15 23:09:41 2009. Abolition was not codified in the Constitution, thus superseding all state laws regarding same, until Lincoln.Technically, not until after Lincoln: December 1865. (Lincoln died in April). Lincoln's Emancipation Proclamation was so legalistic sounding because he and his lawyers were somewhat unsure of his power, but the 13th amendment settled that (if not the means by which it was actually ratified). it was left to the individual states. Not entirely. There was some federal regulation, e.g., allowance for fugitive slave law, but by and large, it was a state matter. That said, I don't think that Easy's statement is racist. Most blacks in the US simply didn't live - and couldn't live - where slavery was illegal, because per the Fugitive Slave Law, by the power of federal law, back to their masters they went even if they made it up north (except all the way out of the reach of US jurisdiction). Moreover, Chief Justice Taney's opinion in the Dred Scott decision made it the law that blacks could not possibly become legal persons. (Thus the kicker in the case: Dred Scott didn't even have the right to have his case heard by a court). That decision was, of course, overruled by the Reconstruction amendments after the Civil War. We've made a lot of progress, but it was a slow, difficult, and painful process. |
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