Tag: Open Thread

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 9 is the 68th day of the year (69th in leap years) in the Gregorian calendar. There are 297 days remaining until the end of the year.

On this day in 1841, the US Supreme Court rules on Amistad mutiny

At the end of a historic case, the U.S. Supreme Court rules, with only one dissent, that the African slaves who seized control of the Amistad slave ship had been illegally forced into slavery, and thus are free under American law.

The Amistad, also known as United States v. Libellants and Claimants of the Schooner Amistad, 40 U.S. (15 Pet.) 518 (1841), was a United States Supreme Court case resulting from the rebellion of slaves on board the Spanish schooner Amistad in 1839. It was an unusual “freedom suit“, as it involved international issues and parties, as well as United States law.

The rebellion broke out when the schooner, traveling along the coast of Cuba, was taken over by a group of captives who had earlier been kidnapped in Africa and sold into slavery. The Africans were later apprehended on the vessel near Long Island, New York, by the United States Revenue Cutter Service and taken into custody. The ensuing, widely publicized court cases in the United States helped the abolitionist movement.

In 1840, a federal trial court found that the initial transport of the Africans across the Atlantic (which did not involve the Amistad) had been illegal, because the international slave trade had been abolished, and the captives were thus not legally slaves but free. Given that they were illegally confined, the Africans were entitled to take whatever legal measures necessary to secure their freedom, including the use of force. After the US Supreme Court affirmed this finding on March 9, 1841, supporters arranged transportation for the Africans back to Africa in 1842. The case influenced numerous succeeding laws in the United States.

Arguments before the Supreme Court

On February 23, 1841, Attorney General Henry D. Gilpin began the oral argument phase before the Supreme Court. Gilpin first entered into evidence the papers of La Amistad which stated that the Africans were Spanish property. The documents being in order, Gilpin argued that the Court had no authority to rule against their validity. Gilpin contended that if the Africans were slaves (as evidenced by the documents), then they must be returned to their rightful owner, in this case, the Spanish government. Gilpin’s argument lasted two hours.

John Quincy Adams, former President of the United States and at that time a U.S. Representative from Massachusetts, had agreed to argue for the Africans, but when it was time for him to argue, felt ill-prepared. Roger Sherman Baldwin, who had already represented the captives in the lower cases, opened in his place.

Baldwin, a prominent attorney (who was no relation to Justice Baldwin, the lone dissenter on the Court) contended that the Spanish government was attempting to manipulate the Court to return “fugitives”. In actuality, Baldwin argued, the Spanish government sought the return of slaves, who had been freed by the District Court, a fact that the Spanish government was not appealing. Covering all the facts of the case, Baldwin spoke for four hours over the course of the 22nd and the 23rd.

John Quincy Adams rose to speak on February 24. First, he reminded the court that it was a part of the judicial branch, and not part of the executive. Adams introduced correspondence between the Spanish government and the Secretary of State, criticizing President Martin van Buren for his assumption of unconstitutional powers in the case.

   This review of all the proceedings of the Executive I have made with utmost pain, because it was necessary to bring it fully before your Honors, to show that the course of that department had been dictated, throughout, not by justice but by sympathy – and a sympathy the most partial and injust. And this sympathy prevailed to such a degree, among all the persons concerned in this business, as to have perverted their minds with regard to all the most sacred principles of law and right, on which the liberties of the United States are founded; and a course was pursued, from the beginning to the end, which was not only an outrage upon the persons whose lives and liberties were at stake, but hostile to the power and independence of the judiciary itself.

Adams argued that neither Pinckney’s Treaty nor the Adams-Onis Treaty were applicable to the case. Article IX of Pinckney’s Treaty referred only to property, and did not apply to people. As to The Antelope decision (10 Wheat. 124), which recognized “that possession on board of a vessel was evidence of property”, Adams said that did not apply either, since the precedent there was established prior to the prohibition of the foreign slave trade in the United States. Adams concluded after eight and one-half hours of speaking on March 1 (the Court had taken a recess following the death of Associate Justice Barbour).

Attorney General Gilpin concluded oral argument with a three-hour rebuttal on March 2. The Court retired to consider the case.

Decision of the Supreme Court

On March 9, Associate Justice Joseph Story delivered the Court’s decision. Article IX of Pinckney’s Treaty was ruled off topic since the Africans in question were never legal property. They were not criminals, as the U.S. Attorney’s Office argued, but rather “unlawfully kidnapped, and forcibly and wrongfully carried on board a certain vessel”. The documents submitted by Attorney General Gilpin were not evidence of property, but rather of fraud on the part of the Spanish government. Lt. Gedney and the USS Washington were to be awarded salvage from the vessel for having performed “a highly meritorious and useful service to the proprietors of the ship and cargo”.

When La Amistad came into Long Island, however, the Court believed it to be in the possession of the Africans on board, who had no intent to become slaves. Therefore, the Adams-Onis Treaty did not apply, and the President was not required to return the slaves to Africa.

Upon the whole, our opinion is, that the decree of the circuit court, affirming that of the district court, ought to be affirmed, except so far as it directs the negroes to be delivered to the president, to be transported to Africa, in pursuance of the act of the 3rd of March 1819; and as to this, it ought to be reversed: and that the said negroes be declared to be free, and be dismissed from the custody of the court, and go without delay.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

The Sunday Talking Heads:

This Week with George Stephanopolis: The guests on “This Week” are: Sen. Ted Cruz (R-TX); Sen. Rand Paul (R-KY); and House Intelligence Committee Chair Rep. Mike Rogers (R-MI).

At the roundtable the guests are Rep. Joaquin Castro (D-TX); Republican strategist and ABC News contributor Ana Navarro; Wall Street Journal columnist Peggy Noonan; and former Obama White House senior adviser and ABC News contributor David Plouffe.

Face the Nation with Bob Schieffer: Mr. Schieffer’s guests are former Vice President Dick Cheney and Rep. Paul Ryan (R-WI).

On his panel his guests are Rich Lowry of the National Review; CBS News State Department Correspondent Margaret Brennan; Peter Baker of the New York Times; and Jeffrey Goldberg of Bloomberg View.

Meet the Press with David Gregory: The guests on MTP are: Deputy National Security Adviser Tony Blinken; and Cardinal Timothy Dolan of New York.

At the roundtable are  California Democratic Congresswoman Karen Bass; Chairman of the Faith and Freedom Coalition Ralph Reed; Senior Political Columnist and Editorial Director at the National Journal, Ron Fournier; and NBC News Chief Foreign Affairs Correspondent Andrea Mitchell.

State of the Union with Candy Crowley: Ms. Crowley’s guests are  White House’s Deputy National Security Adviser, Tony Blinken; and  Republican-turned-Democrat Charlie Crist.

Her panel guests are Donna Brazile, AB Stoddard and Ben Ferguson.

You know that hour sleep you lost with Daylight Saving Time? Go back to bed, There is nothing to stay awake for on these shows.

Host Steve Kornacki’s UP panel share the stories they didn’t know about when the week began.

Share with us what you have learned this week.

Welcome to the Health and Fitness NewsWelcome to the Stars Hollow Health and Fitness News weekly diary. It will publish on Saturday afternoon and be open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Follow us on Twitter @StarsHollowGzt

Roasted vegetables can go much farther than their usual position of side dish with meat. I served them with polenta and with grains (quinoa was popular), I blended them up with stock for a comforting soup, and I made roasted vegetable omelets. They are also welcome in a salad or in a risotto. Roast more than you think you will need; you will end up using them.

~Martha Rose Shulman~

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Mary Robinson: Women’s Leadership Can Transform the Way We Do Business in a Climate-Constrained World

As a global community, we find ourselves at a critical juncture. One path — the “business as usual” route — sees us approach a drastically warmer world, where our continuing reliance on fossil fuels will make this planet a cruelly inhospitable place for our children and grandchildren.

The other path is the route towards opportunity and truly sustainable development. The route that gives future generations the same chances to grow and prosper as so many of us in the developed world have enjoyed. If properly approached, this path should address the core inequalities that have plagued our world to date. But traveling this path requires a transformation in leadership as we move to a new greener, low carbon development model.

The transformative leadership necessary for a fair and climate-just future for all requires bold and brave steps by heads of state and government around the world. To be brave, these leaders must be supported by an engaged and well-informed electorate, business community, local governments and civil society organizations.

Elise Collins Shields: The Pentagon’s shameful culture of sexual assault can still be uprooted

Senator Kristen Gillibrand’s bill failed, but when we start over, let’s start at the very beginning: the military academies

“I could trade in my wife for you.” That’s what one of my husband’s former US Air Force Academy classmates told me at their class reunion.

If you ever get bored…. So went the sexual innuendo from other former classmates, some of whom physically groped me or made outright invitations to meet up.

My husband was as shocked as I – and heartsick that this was his new wife’s introduction to military culture. In addition to being upset, I was disturbed that these men seemingly never faced consequences for this sort of behavior if they felt so comfortable acting out.

And I was upset Thursday afternoon, when the US Senate failed to pass a bill championed by Senator Kristen Gillibrand that would take sexual assault investigation and prosecution away from the chain of command – that would finally bring consequences for longstanding systemic sexual assault across the US military.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 8 is the 67th day of the year (68th in leap years) in the Gregorian calendar. There are 298 days remaining until the end of the year.

On this day in 1911, International Women’s Day is launched in Copenhagen, Denmark, by Clara Zetkin, leader of the Women’s Office for the Social Democratic Party in Germany.

International Women’s Day (IWD), originally called International Working Women’s Day is marked on the 8th of March every year. It is a major day of global celebration of women. In different regions the focus of the celebrations ranges from general celebration of respect, appreciation and love towards women to a celebration for women’s economic, political and social achievements.

Started as a Socialist political event, the holiday blended in the culture of many countries, primarily Eastern Europe, Russia, and the former Soviet bloc. In many regions, the day lost its political flavour, and became simply an occasion for men to express their love for women in a way somewhat similar to a mixture of Mother’s Day and St Valentine’s Day. In other regions, however, the original political and human rights theme designated by the United Nations runs strong, and political and social awareness of the struggles of women worldwide are brought out and examined in a hopeful manner.

The first IWD was observed on 19 March 1911 in Germany following a declaration by the Socialist Party of America. The idea of having an international women’s day was first put forward at the turn of the 20th century amid rapid world industrialization and economic expansion that led to protests over working conditions.

In 1910, Second International held the first international women’s conference in Copenhagen (in the labour-movement building located at Jagtvej 69, which until recently housed Ungdomshuset). An ‘International Women’s Day’ was established. It was suggested by the important German Socialist Clara Zetkin, although no date was specified. The following year, 1911, IWD was marked by over a million people in Austria, Denmark, Germany and Switzerland, on March 19. In the West, International Women’s Day was first observed as a popular event after 1977 when the united Nations General Assembly invited member states to proclaim March 8 as the UN Day for Women’s Rights and International Peace.

Demonstrations marking International Women’s Day in Russia proved to be the first stage of the Russian Revolution of 1917.

Following the October Revolution, the Bolshevik Alexandra Kollontai persuaded Lenin to make it an official holiday in the Soviet Union, and it was established, but was a working day until 1965. On May 8, 1965 by the decree of the USSR Presidium of the Supreme Soviet International Women’s Day was declared a non working day in the USSR “in commemoration of the outstanding merits of Soviet women in communistic construction, in the defense of their Fatherland during the Great Patriotic War, in their heroism and selflessness at the front and in the rear, and also marking the great contribution of women to strengthening friendship between peoples, and the struggle for peace. But still, women’s day must be celebrated as are other holidays.”

2014 International Women’s Day

he UN theme for International Women’s Day 2014 is “Equality for Women is Progress for All”.

The Google Doodle on the eve of IWD 2014 (7 March 2014) featured an International Women’s day doodle video, showing images and videos of women around the world, with music by Zap Mama

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: The Hammock Fallacy

Hypocrisy is the tribute vice pays to virtue. So when you see something like the current scramble by Republicans to declare their deep concern for America’s poor, it’s a good sign, indicating a positive change in social norms. Goodbye, sneering at the 47 percent; hello, fake compassion.

And the big new poverty report from the House Budget Committee, led by Representative Paul Ryan, offers additional reasons for optimism. Mr. Ryan used to rely on “scholarship” from places like the Heritage Foundation. Remember when Heritage declared that the Ryan budget would reduce unemployment to a ludicrous 2.8 percent, then tried to cover its tracks? This time, however, Mr. Ryan is citing a lot of actual social science research.

Unfortunately, the research he cites doesn’t actually support his assertions. Even more important, his whole premise about why poverty persists is demonstrably wrong. [..]

Which brings us back to the hypocrisy issue. It is, in a way, nice to see the likes of Mr. Ryan at least talking about the need to help the poor. But somehow their notion of aiding the poor involves slashing benefits while cutting taxes on the rich. Funny how that works.

Mattea Kramer: he Pentagon’s Phony Budget War

Or How the U.S. Military Avoided Budget Cuts, Lied About Doing So, Then Asked for Billions More

Washington is pushing the panic button, claiming austerity is hollowing out our armed forces and our national security is at risk. That was the message Secretary of Defense Chuck Hagel delivered last week when he announced that the Army would shrink to levels not seen since before World War II. Headlines about this crisis followed in papers like the New York Times and members of Congress issued statements swearing that they would never allow our security to be held hostage to the budget-cutting process.

Yet a careful look at budget figures for the U.S. military — a bureaucratic juggernaut accounting for 57% of the federal discretionary budget and nearly 40% of all military spending on this planet — shows that such claims have been largely fictional. Despite cries of doom since the across-the-board cuts known as sequestration surfaced in Washington in 2011, the Pentagon has seen few actual reductions, and there is no indication that will change any time soon.

This piece of potentially explosive news has, however, gone missing in action — and the “news” that replaced it could prove to be one of the great bait-and-switch stories of our time.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 7 is the 66th day of the year (67th in leap years) in the Gregorian calendar. There are 299 days remaining until the end of the year.

On this day in 1965, a group of 600 civil rights marchers are forcefully broken up in Selma, Alabama. This day would be remembered in the Civil Rights Movement as “Bloody Sunday”

The Selma to Montgomery marches were three marches in 1965 that marked the political and emotional peak of the American civil rights movement. They grew out of the voting rights movement in Selma, Alabama, launched by local African-Americans who formed the Dallas County Voters League (DCVL). In 1963, the DCVL and organizers from the Student Nonviolent Coordinating Committee (SNCC) began voter-registration work. When white resistance to Black voter registration proved intractable, the DCVL requested the assistance of Martin Luther King, Jr. and the Southern Christian Leadership Conference, who brought many prominent civil rights and civic leaders to support voting rights.

The first march took place on March 7, 1965 – “Bloody Sunday” – when 600 civil rights marchers were attacked by state and local police with billy clubs and tear gas. The second march took place on March 9. Only the third march, which began on March 21 and lasted five days, made it to Montgomery, 51 miles away.

The marchers averaged 10 miles a day along U.S. Route 80, known in Alabama as the “Jefferson Davis Highway”. Protected by 2,000 soldiers of the U.S. Army, 1,900 members of the Alabama National Guard under Federal command, and many FBI agents and Federal Marshals, they arrived in Montgomery on March 24, and at the Alabama Capitol building on March 25.

The route is memorialized as the Selma To Montgomery Voting Rights Trail, a U.S. National Historic Trail.

Selma essentially became the focus the right to vote marches because it was the seat of Dallas County, AL that although it has a black population of 57% with 15,000 blacks elegible to vote, there were only 130 registered. Efforts to register voters were blocked by state and local officials, the White Citizens’ Council, and the Ku Klux Klan, using a literacy test, economic pressure, and violence.

On July 2, 1964, President Lyndon B. Johnson signed the Civil Rights Act of 1964 into law, which declared segregation illegal, yet Jim Crow remained in effect. When attempts to integrate Selma’s dining and entertainment venues were resumed, blacks who tried to attend the movie theater and eat at a hamburger stand were beaten and arrested.

On July 6, John Lewis led 50 blacks to the courthouse on registration day, but Sheriff Clark arrested them rather than allow them to apply to vote. On July 9, Judge James Hare issued an injunction forbidding any gathering of three or more people under the sponsorship of civil rights organizations or leaders. This injunction made it illegal to even talk to more than two people at a time about civil rights or voter registration in Selma, suppressing public civil rights activity there for the next six months.

Planning the First March

With civil rights activity blocked by Judge Hare’s injunction, the DCVL requested the assistance of King and the Southern Christian Leadership Conference (SCLC). Three of SCLC’s main organizers – Director of Direct Action and Nonviolent Education James Bevel, Diane Nash, and [http://en.wikipedia.org/wiki/James_Orange James Orang, who had been working on Bevel’s Alabama Voting Rights Project since late 1963, a project which King and the executive board of SCLC had not joined. When SCLC officially accepted Amelia Boynton’s invitation to bring their organization to Selma, Bevel, Nash, Orange and others in SCLC began working in Selma in December 1964. They also worked in the surrounding counties along with the SNCC staff who had been active there since early 1963.

The Selma Voting Rights Movement officially started on January 2, 1965, when King addressed a mass meeting in Brown Chapel in defiance of the anti-meeting injunction.

Over the following weeks, SCLC and SNCC activists expanded voter registration drives and protests in Selma and the adjacent Black Belt counties. In addition to Selma, marches and other protests in support of voting rights were held in Perry, Wilcox, Marengo, Greene, and Hale counties.

On February 18, 1965, an Alabama State Trooper, corporal James Bonard Fowler, shot Jimmie Lee Jackson as he tried to protect his mother and grandfather in a café to which they had fled while being attacked by troopers during a nighttime civil rights demonstration in Marion, the county seat of Perry County. Jackson died eight days later, of an infection resulting from the gunshot wound, at Selma’s Good Samaritan Hospital.

In response, James Bevel called for a march from Selma to Montgomery.

Goals of the March

Bevel’s initial plan was to march to Montgomery to ask Governor George Wallace if he had anything to do with ordering the lights out and the state troopers to shoot during the march in which Jackson was killed. Bevel called the march in order to focus the anger and pain of the people of Selma, some of whom wanted to address Jackson’s death with violence, towards a nonviolent goal. The marchers also hoped to bring attention to the violations of their rights by marching to Montgomery. Dr. King agreed with Bevel’s plan, and asked for a march from Selma to Montgomery to ask Governor Wallace to protect black registrants.

Wallace denounced the march as a threat to public safety and declared he would take all measures necessary to prevent this from happening.

The First March: “Bloody Sunday”

On March 7, 1965, 525 to 600 civil rights marchers headed east out of Selma on U.S. Highway 80. The march was led by John Lewis of SNCC and the Reverend Hosea Williams of SCLC, followed by Bob Mants of SNCC and Albert Turner of SCLC. The protest went smoothly until the marchers crossed the Edmund Pettus Bridge and found a wall of state troopers waiting for them on the other side. Their commanding officer told the demonstrators to disband at once and go home. Williams tried to speak to the officer, but the man curtly informed him there was nothing to discuss. Seconds later, the troopers began shoving the demonstrators. Many were knocked to the ground and beaten with nightsticks. Another detachment of troopers fired tear gas. Mounted troopers charged the crowd on horseback.

Brutal televised images of the attack, which presented people with horrifying images of marchers left bloodied and severely injured, roused support for the U.S. civil rights movement. Amelia Boynton was beaten and gassed nearly to death; her photo appeared on the front page of newspapers and news magazines around the world Seventeen marchers were hospitalized, leading to the naming of the day “Bloody Sunday”.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Peter van Buren: Silencing Whistleblowers Obama-Style

Supreme Court Edition?

The Obama administration has just opened a new front in its ongoing war on whistleblowers. It’s taking its case against one man, former Transportation Security Administration (TSA) Air Marshal Robert MacLean, all the way to the Supreme Court. So hold on, because we’re going back down the rabbit hole with the Most Transparent Administration ever.

Despite all the talk by Washington insiders about how whistleblowers like Edward Snowden should work through the system rather than bring their concerns directly into the public sphere, MacLean is living proof of the hell of trying to do so. Through the Supreme Court, the Department of Justice (DOJ) wants to use MacLean’s case to further limit what kinds of information can qualify for statutory whistleblowing protections. If the DOJ gets its way, only information that the government thinks is appropriate — a contradiction in terms when it comes to whistleblowing — could be revealed. Such a restriction would gut the legal protections of the Whistleblower Protection Act and have a chilling effect on future acts of conscience.

John Nichols: Obama Administration Gets It Precisely Wrong on Trade Policy

It won’t get as much notice as his budget proposal, but President Obama’s “2014 Trade Policy Agenda,” which was released this week, sends an exceptionally powerful signal regarding the administration’s economic vision.

Unfortunately, it’s the wrong signal.

While the president – in his public pronouncements and his budget – is saying a lot of the right things about income inequality and investment in infrastructure and job creation, the White House has yet to recognize the harm that is done to the American economy-and to prospects of economic renewal that the president envisions-by failed trade policies.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 6 is the 65th day of the year (66th in leap years) in the Gregorian calendar. There are 300 days remaining until the end of the year.

On this day in 1857, the US Supreme Court hands down its decision on Sanford v. Dred Scott, a case that intensified national divisions over the issue of slavery.

Dred Scott v. Sandford, 60 U.S. 393 (1857), was a ruling by the U.S. Supreme Court that people of African descent imported into the United States and held as slaves (or their descendants, whether or not they were slaves) were not protected by the Constitution and could never be U.S. citizens. The court also held that the U.S. Congress had no authority to prohibit slavery in federal territories and that, because slaves were not citizens, they could not sue in court. Furthermore, the Court ruled that slaves, as chattels or private property, could not be taken away from their owners without due process. The Supreme Court’s decision was written by Chief Justice Roger B. Taney.

Although the Supreme Court has never overruled the Dred Scott case, the Court stated in the Slaughter-House Cases of 1873 that at least one part of it had already been overruled by the Fourteenth Amendment in 1868:

   The first observation we have to make on this clause is, that it puts at rest both the questions which we stated to have been the subject of differences of opinion. It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States.

The Decision

The Supreme Court ruling was handed down on March 6, 1857, just two days after Buchanan’s inauguration. Chief Justice Taney delivered the opinion of the Court, with each of the concurring and dissenting Justices filing separate opinions. In total, six Justices agreed with the ruling; Samuel Nelson concurred with the ruling but not its reasoning, and Benjamin R. Curtis and John McLean dissented. The court misspelled Sanford’s name in the decision.

Opinion of the Court

The Court first had to decide whether it had jurisdiction. Article III, Section 2, Clause 1 of the U.S. Constitution provides that “the judicial Power shall extend… to Controversies… between Citizens of different States….” The Court held that Scott was not a “citizen of a state” within the meaning of the United States Constitution, as that term was understood at the time the Constitution was adopted, and therefore not able to bring suit in federal court. Furthermore, whether a person is a citizen of a state, for Article III purposes, was a question to be decided by the federal courts irrespective of any state’s definition of “citizen” under its own law.

Thus, whether Missouri recognized Scott as a citizen was irrelevant. Taney summed up,

   Consequently, no State, since the adoption of the Constitution, can by naturalizing an alien invest him with the rights and privileges secured to a citizen of a State under the Federal Government, although, so far as the State alone was concerned, he would undoubtedly be entitled to the rights of a citizen, and clothed with all the rights and immunities which the Constitution and laws of the State attached to that character.

This meant that

   no State can, by any act or law of its own, passed since the adoption of the Constitution, introduce a new member into the political community created by the Constitution of the United States.

The only relevant question, therefore, was whether, at the time the Constitution was ratified, Scott could have been considered a citizen of any state within the meaning of Article III. According to the Court, the authors of the Constitution had viewed all blacks as

   beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.

The Court also presented a parade of horribles argument as to the feared results of granting Mr. Scott’s petition:

   It would give to persons of the negro race, …the right to enter every other State whenever they pleased, …the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.

Scott was not a citizen of Missouri, and the federal courts therefore lacked jurisdiction to hear the dispute.

Despite the conclusion that the Court lacked jurisdiction, however, it went on to hold (in what Republicans would label its “obiter dictum”) that Scott was not a free man, even though he had resided for a time in Minnesota (then called the Wisconsin Territory). The Court held that the provisions of the Missouri Compromise declaring it to be free territory were beyond Congress’s power to enact. The Court rested its decision on the grounds that Congress’s power to acquire territories and create governments within those territories was limited. They held that the Fifth Amendment barred any law that would deprive a slaveholder of his property, such as his slaves, because he had brought them into a free territory. The Court went on to state – although the issue was not before the Court – that the territorial legislatures had no power to ban slavery. The ruling also asserted that neither slaves “nor their descendants, were embraced in any of the other provisions of the Constitution” that protected non-citizens.

This was only the second time in United States history that the Supreme Court had found an act of Congress to be unconstitutional. (The first time was 54 years earlier in Marbury v. Madison).