REPOST RE DRED SCOTT MAJORITY OP RE MISSSOURI COMPROMISE UNCONST WAS DICTA

 As Abraham Lincoln, of all people, knew this quite well indeed.

Professor

Interesting post as always.

"...The great exception was the Dred Scott decision of 1857, which, as I tried to show in a much earlier post, used an ahistorical reading of precedent to try to stop all regulation of slavery in the territories, and implied that slavery was legal all over the United States. The modern era of legislative jurisprudence, as one might call it, began after the Civil War, when conservative justices (and they were all conservative for much of the late 19th century) began using the 14th Amendment's guarantee of due process to outlaw state attempts to regulate their economy, including wages and hours legislation..." DK

Unfortunately, this passage has problems in various ways.
Just to take one of many ways:

The Missouri Compromise had already been repealed by Kansas Nebraska years before Dred Scott. I would call this legislative jurisprudence, rather than a jurisprudential activist great exception.

Anyway, I could go on for a long time here, but need to cut it short.

All the best