Dissent disagreement essays

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. . it appears that six of the nine judges expressed the opinion that the [Missouri] Compromise Act was unconstitutional. But, in order to determine whether this concurrence of six in that opinion constitutes a judicial decision or precedent, it is necessary to see how the majority is formed . . If . . the judicial function of each judge who held that the Circuit Court was without jurisdiction [because Scott, as a Negro, was could not be a citizen of the United States] . . was discharged as soon as he had announced that conclusion, and given his voice for a dismissal of the case on that grounds, then all that he said on the question involved in the merits was extrajudicial, and the so-called "decision" is no precedent.

Dissent disagreement essays

dissent disagreement essays

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