Black History Month Special: 'The Dred Scott Case' 2/3/16

[@hankkingsley9183]

These types of videos are the ones that should have millions of views.

[@latunyadykes8664]

I'm reading these comments and I thought I was the only one feeling like he makes you wanna practice law. He's really Good.

[@syourke3]

Studying the Constitution is very interesting, but it’s not the same thing as actually practicing law.

[@lovejones8440]

Awesome! I am truly glad I stumbled upon this video. Professor Bracey really broke it down. Thank you.

[@jdpalm1981]

I loved this lesson! I now know that the courts did not properly judge this case based on jurisprudence. Those justices should've been impeached.

[@benandante]

Enjoyed every minute!

[@cordon172]

Mr. Bracey Thank you! I can sit in your classroom and learn so much!

[@jasminelashay9014]

Well done. I really enjoyed this!

[@krystaltravis-johnson5287]

I enjoyed every minute of Professor Bracey's lecture on the Dred Scott v Sanford decision. But I have often wondered why there isn't more discussions regarding natural laws vs. civil rights.

[@CASHXRAT]

That's an excellent question. I think part of the answer has something to do with the fact that Legal Positivism has gained the high ground in much of the Western world. Not necessarily because it's superior to Natural Law/Rights, it's simply a matter of paradigms. Positivism is the current paradigm, which will likely someday, for better or worse, get replaced by another trend. In contrast to Natural Law, which looks to discover eternally-true principles of justice through contemplation of man's nature, Positivism rather wants to treat laws like scientific hypotheses. One "posits" a hypothesis, and then tests it to determine its desirability or effectiveness. A possible objection to the above might ask whether it's a good idea to treat society like a laboratory, and citizens like lab rats. Further, one might question whether it's even POSSIBLE to treat society like a lab, as society is chaotic and messy, full of a million and one causal factors that all intermingle and interact.

[@altareggo]

There are no "natural laws"... laws are decided by individual legal jurisdictions: Mother Nature has nothing to do with it.

[@mynameisnotgirl8184]

Ooooooh, my makes me want to go back to college and change my major!

[@blackbird396]

B1

[@hatmap]

"Dr. Emerson eventually dies in 1943." Wow, he lived a long life!:-)

[@seancastle5971]

Dred Scott case is one of the catalyst of the civil war. But not the soul reason.

[@jdpalm1981]

44:22 - The political process should ALWAYS be the mechanism to decide political things. Otherwise, the courts will become a second battleground for those very decisions, indefinitely. It should be easy to see that now. Thus, if you can't trust the political process, you should overthrow it.

[@jdpalm1981]

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

[@KC2MFCs]

Wasn't the first piece of legislation struck down by the Supreme Court the Judicial Act of 1789? Wasn't that Marbury v. Madison?

[@tammyhawkins4440]

Could it be the Judge and Sanford were cognizant that Dred and his family, if not just he was a citizen National of Morrocco? Had he argued and sought Counsel tribunal, he probably would have been freed from his POW status.

[@rustymarquis3879]

"Perhaps now more than any period in recent history, we live in a period of elevated racial and enthic tension." This may be true, of courts, but I always get concerned when I hear this assertion. Simply pointing to recent police brutality toward blacks and the harrassnent and violence toward other ethnic groups (in the US, I presume) does not come close to proving this point. These incidents are reported now more than ever, but that doesn't mean it is happening more often, of course. Defining the term "recent history" would be a good start. At the time of the Dred Scott Case, any individual with African ancestry wasn't even recognized as a US citizen! Is he including Antebellum Era in "recent history"? That would be a mistake. But even 50 - 60 years ago, we lived at a time where blacks and other minoritized groups were treated much worse than they are in many places in the US today. Less rights, less power. Yes, this includes many forms of institutional racism and many other forms of oppression that go along with it. Much of the violence, terror and injustice didn't make the headlines, but it was still happening, of course. Perhaps much worse than we will ever know. Or would ever want to know. I wonder how we could make this case conclusively...certainly not by simply pointing to current headlines.

[@mtedjmdj]

if 5 of 7 justices were democrats who voted against dred scott, and the other 2 (whig and republican) voted in favor of his freedom, why does professor Bracey say at the end (44:20) that this case was "unabashedly conserative"? doesn't that contradict his whole presentation?

[@jdpalm1981]

The Republicans, at that time, were the liberals. They were trying to change the status quo. The Democrats were the conservatives during that time.

[@pamelafranklin3452]

You liar they had know party affiliate they were just racist

[@pamelafranklin3452]

Not presuming there are some people don't have morals the reason they can do some heinous things they lack empathy

[@DerwinDaDestroyer]

He was 15 years older than his wife? (Even though we don't know when he was born)

[@tame15501]

Can we just talk about the fact Taney's decision states clearly that to give blacks citizenship is to give blacks the right to keep or carry arms? Gun control anyone?

[@altareggo]

um... what's your point? I smell bigotry here, but hopefully i am wrong.

[@kingKOOLIE]

John Dennis Taney 1529-1601

[@tefnutmintum8394]

Scott vs Sanford...who is Sanford?

[@tristancarson910]

Why are you just talking about this case and not working on overturning the decision. The 14th Amendment didn't overturn anything. As a professor I know you know the legal definition of "Person". I want this case overturned.

[@dorothydawkins4488]

I'm just an 71year old Moor female and I agree with you 💯. Why is this man not talking about this case ruling should be over turn. One might think that the 14 Amendment made the blacks, the Negros, colored, Afro American, and the Moors Citizen but it did not. However they could not use the name Slaves so instead they had to come up with a more suitable name that would still exclude the blacks from citizenship. Person and Aliens was the solution. I'm sure Mr. Carson you have made the connection. I'm not that great at explaining my point but I'm sure you understand what I'm trying to relate to you. Please feel free to communicate more knowledge about this case. I thank you for your input. Peace!

[@m.f.5202]

They had some white lady explaining this and she clearly is clueless glad I found this one!

[@jdpalm1981]

I thought the Civil Rights Act of 1964 ended segregation and not so much Brown v Board.

[@ИринаКим-ъ5ч]

Davis Ronald Walker Linda Hernandez Scott

[@oliverphippen1957]

Black history month is like going back to jo crow ??????along with kwanza etc ????

[@oneoneonetri736]

God made man free...Man made slaves....and hell is enlarging itself every day for the latter....especially those holding Bibles and oppressing others in Jesus name....Lord have mercy on their souls....on final judgement day.

[@Houston343]

Speaker did a good job out lining the case and life of Mr Scott but please don't equate it to BLM which is a fallacy.

[@pamelafranklin3452]

Oh it's BLM we just ain't taking BS free or destroy

[@joycejones5996]

You are jusf like me , except for skin color so you have all the freedom you need. Stop griping just like i have. Only then you will but free to do whaat you thiink you want.

[@maggiepatsypowhaten7757]

DRED SCOTT , WON IN THE LONG RUN THAT OVERWHELM HIM AND LEAVING HIS WIFE WIDOW TWO DAUGHTERS ORPHANS Maggie 's 2000 InSighT N.I.S.A.I. by N.I.N.E. ; . . .3Sq PEACEMA ' NY !!!