danielpalos
Diamond Member
- Banned
- #381
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.It's not about should've would've could've laws prevented it from happening laws deemed constitutional by the supreme court supported by their Dread Scott decision. Until the 14th amendment ratification and the creation of the civil rights act of 1866 that would've should've could've is moot.The point is that dumbass said anyone born in America after 1808 had citizenship rights they didn'tNope show me the act or law or court ruling that did this.The Constitutional basis was simply being naturally born under US jurisdiction after 1808.wrong snowflake not before 1865You have no constitutional basis to support your opinionSimply being born in the US confers citizenship. Those laws were unConstitutional after 1808.Your confusing freeing slaves to getting citizenship rights. Being free and ending slavery did not mean they were given citizenship rights.Anyone born in the Union after 1808 was a citizen of the Union. The North was gradually emancipating their slave population, unlike the South.BECAUSE blacks and slaves were not seen as citizens there is no such 1808 constitution agreeing with you
BLACKS AND SLAVES DID NOT HAVE CITIZENSHIP RIGHTS UNTIL THE CIVIL RIGHTS ACT OF 1866
A general principle of law is that of blind justice, where you have to establish a generic principle to support the legislation.
When you specify races, you are inherently violating that basic legal principle, and then you must be trying to codify an illegal, arbitrary, dictate.
But since the SCOTUS disagreed until after the 14th amendment, the point is moot.
Not disagreeing that they did not get citizenship rights.
But I also agree with "danielp", that they should have had citizenship rights.
Their ancestors were taken as slaves and shipped her under the power of the crown, not US law.
And the whole point of the rebellion was a rejection of the arbitrary authority of the crown.
There really never was any ability under US law then for slavery to ever exist or for people born here to be slaves just because their parents or other ancestors had illegally been treated as slaves.
The founders really had no authority to allow slavery from British rule to continue.
I realize it was really a state issue back then.
But we really should not have needed a 14th amendment.
It should already have been intuitive.
Which is what I think "danielp" is saying.
That those born here should have been full US citizens, regardless of he status of their parents.
It's like when the supreme rules unconstitutional gun laws constitutional anything that infringes on the rights of law abiding citizens from having their weapon of choice is unconstitutional but old danny boy isn't bitching about that