Understanding the Impact of Historical Supreme Court Decisions on Modern Black America

in #oppression4 months ago

To comprehend the current obstacles faced by Black America, it is crucial to analyze the judicial system, particularly through the lens of three pivotal Supreme Court decisions:

  1. Marbury v. Madison (1803)
  2. Dred Scott v. Sandford (1857)
  3. Plessy v. Ferguson (1896)

Marbury v. Madison: Foundation of Judicial Review (1803)

Importance Although this case did not directly address race, it laid the groundwork for the legal principles that would enable future Supreme Court rulings on racial matters.

Key Outcomes -

Constitutional Codification: Marbury v. Madison established the Constitution as the supreme law, not merely a set of guiding political principles. -

Judicial Review: The decision also established the principle of judicial review, empowering the Supreme Court to overturn any law or governmental act it deems unconstitutional. This new authority mandated the Court to uphold constitutional principles above all else.

Dred Scott v. Sandford: Legalized Dehumanization (1857)

Background - Legalized Oppression

The Declaration of Independence proclaims, "We hold these truths to be self-evident, that all men are created equal," endowing them with certain inalienable rights. However, the Dred Scott decision starkly contradicted this foundational creed. In 1857, via the Dred Scott decision, it was determined that Negros had no Constitutional standing. They had no rights God given or otherwise, that White Society was legally bound to recognize, respect, regard nor honor.

The supreme law of the land did not just relegate Blacks to second class citizenship; it deemed them as non-citizens and as less than human. The number one way to oppress a people is to deny them equal protection under the law. Oppression of the Negro was not only acceptable, it was legal. It was adjudicated that the laws of this land afforded the Negro no protection, no dignity, no humanity.

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