Slavery Approval: Dred Scott v. Sandford, 60 U.S. 393 (1857) [7,2]
~Holding: Judgment reversed and suit dismissed for lack of jurisdiction.
1. Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Constitution, Plaintiff is without standing to file a suit.
2. The Property Clause is only applicable to lands possessed at the time of ratification (1787). As such, Congress cannot ban slavery in the territories. Missouri Compromise is unconstitutional.
3. Due Process Clause of the Fifth Amendment prohibits the federal government from freeing slaves brought into federal territories.
~Answer: 1. SCOTUS did not recognize the equal LIFE or PERSONHOOD of humans of African descent and their proper right to be US citizens; 2. Put 5th Amendment PROPERTY ahead of 1st & 2nd priority interests, LIFE & Liberty interests, declaring the Missouri Compromise unconstitutional; & 3. Misconstruing the 5th Amendment Due Process as virtually only a Property issue, thus ignored both its 1st & 2nd priority interests, LIFE & Liberty, which might have ended slavery forthwith without and thus preventing the Civil War.
Slavery Superseded: U.S. Constitutional Amendments: XIII, XIV (7/9/1868)
(In particular, SECTION 1 of both XIII & XIV Amendments)
~Constitutional Amendment XIII :
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th Amendment.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Congress shall have power to enforce this article by appropriate legislation.
~Constitutional Amendment XIV :
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Segregation Approval: Plessy v. Ferguson, 163 U.S. 537 (1895) [7,1]
~Holding: The "separate but equal" provision of private services from freeing slaves brought into federal territories (, but continuing to minimally liberate African Americans from Section 1 of both the XIII & XIV Amendments.)
~Answer: 1. Did not recognize the equal LIFE or PERSONHOOD of humans of African descent and their proper right to be US citizens; 2. Continued to put 5th Amendment PROPERTY ahead of 1st & 2nd priority interests, LIFE & Liberty interests, declaring the Missouri Compromise unconstitutional; & 3. Misconstruing the 5th Amendment Due Process as virtually only a Property issue, thus ignored both its 1st & 2nd priority interests, LIFE & Liberty,
andated by state government is constitutional under the Equal Protection Clause.
Segregation Overruled: Brown v. Board of Education, 347 U.S. 483 (1954)
~Holding: Segregation of students in public schoolsviolates the Equal Protection Clause of theFourteenth Amendment, because separate facilities are inherently unequal. Majority: "Seperate is anything but equal!"
Millennia of moral teaching, Life Ordered Liberty~220 Years (1776--1996/2003) Stare Decisis Precidence 1 Man 1 Woman Marriage Acts Protection: Georgia's Law Banning Oral & Anal Homosexual acts by homosexuals or heterosexuals SCOTUS
Sodomy Bans Cont. 220 Years: Bowers v. Hardwick, 478 U.S. 186 (1986)
Sodomy Bans Might Cont.: Romer v. Evans, 517 U.S. 620 (1996) [6,3]
~Holding: Homosexual or bisexual (LGBT) Deviant Sexual Behavior persons declared a protected IDENTITY status group under a legal declaration--but not medical health based--interpretation of 14th Amendment "Equal Protection" under the judiciary fiat Law but not the biological Law of Nature clause
~Answer: The Colorado Legislature, to protect general public health interests from the ensuing HIV, HPV, and other STI or STD financially and medically resource unaffordable and unsustainable epidemic or pandemic, to satisfy SCOTUS and the 14th Amendment's Equal Protection Clause, could have amended their non-discrimination law as follows: anyone, straight, heterosexual, homosexual or bisexual (LGBT) who performs gay sex acts or relates in LGBT Deviant Sexual Behavior patterns, orientation, conduct, practices or relationships will not be entitled to have or to claim any minority status, quota preferences, protected status or claim of discrimination.
Sodomy Bans Struck Down: Lawrence v. Texas, 539 U.S. 558 (2003) [6,3]
~Holding: Lawrence explicitly overruled Bowers, holding that it had viewed the liberty interest too narrowly. The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14th Amendment. Lawrence invalidated similar laws throughout the United States that criminalized sodomy between consenting adults acting in private, whatever the sex of the participants.
**1996 Romer v Evans:
~~Courts Revert to 1895 Plessy v. Ferguson 163 U.S. (1895)
"Separate but equal!"
Re-Invent SegregationGender Segregation!
SCOTUS, Please return to Brown v. Board of Education of Topeka, 347 U.S. (1954)
""Separate anything but equal!"
Segregation, Racial or Gender is Unconstitutional!
It denys Gays their limited fundamental if not absolute right to heterosexually reproduce &
contribute to the Real State Interest, the Biological Imperative
the Survival of the Human Species &
Opportunity to attempt to assure the survival of their heterosexual family tree!
Homosexuality license targets gays as a suspect group
condemning them to an early death at 35 to 62,
depending on whether they have the expensive
$400,000 life-time HIV/AIDS treatment
with +30,000 yearly new HIV infected gay males age 13 to 33
(that is mostlyStatutory Rape of the gay boys age 13 to 17)
adding an ever increasing & unsustainable $14 billion health care obligation every year!
$14 billion is
twice the total annual $ 7 Billion Federal Court Budget,
twice the total annual $6,6 Billion US Center for Disease Control Budget, &
the total 2016 annual $31 Billion US Center for Disease Control Budget!