US laws created during slavery are still on the books
US laws created during slavery are still on the booksA legal scholar wants to at least acknowledge that history in legal citations
JUSTIN SIMARD
JUNE 19, 2024 3:11 AM
As the story of Juneteenth is told by modern-day historians, enslaved Black people were freed by laws, not combat.
Union Gen. Gordon Granger said as much when he read General Order No. 3 in Galveston, Texas, in front of enslaved people who were among the last to learn of their legal freedom.
....(snip)....
The legacy of slavery is still enshrined in thousands of judicial opinions and briefs that are cited today by American judges and lawyers in cases involving everything from property rights to criminal law.
For example, in 2016 a judge on the 3rd U.S. Circuit Court of Appeals cited Prigg v. Pennsylvania, an 1842 U.S. Supreme Court case that held that a state could not provide legal protections for alleged fugitive slaves. The judge cited that case to explain the limits of congressional power to limit gambling in college sports. ............(more)
https://michiganadvance.com/2024/06/19/us-laws-created-during-slavery-are-still-on-the-books/
Stardust Mirror
(606 posts)"To place these laws in historical context for modern-day usage and encourage judges and lawyers to address slaverys influence on the law, I started the Citing Slavery Project in 2020. Since then, my team of students and I have identified more than 12,000 cases involving enslaved people and more than 40,000 cases that cite those cases."
https://www.citingslavery.org
Blue Owl
(54,755 posts)Lonestarblue
(11,827 posts)Old laws that affect peoples rights need to be eliminated.
Edited to add: State legislatures need to do this, too. Sodomy laws are still on the books in many states, especially in red states, and the minute the SC overturns LGBTQ+ rights those laws will be active again and anti-gay forces will be demanding police raids on private homes again.
Igel
(36,086 posts)when new of the emancipation proclamation reached the hinterlands of the defunct Confederacy, Galveston when the Union Army finally got to TX. (After that the news still took a week or more to spread throughout Texas, and I've been told that in some bergs the slave-owning townsfolk tried to prevent the spread of the news.)
The EP was a presidential order issued by the Union's commander in chief and applied only to states in rebellion against the US because that's all it could apply to. It wasn't a law. It was an executive order. It didn't even apply to Native American tribes that assisted the Confederacy.
Slavery was outlawed by legislation in some states *after* the EP was issued but before it was banned by the 13th Amendment. But in some non-rebellious states slavery wasn't ever outlawed by state action. In Delaware, for example, slaves could be owned until the ratification of the 13th Amendment in 12/1895, although the source I checked said that they probably only numbered "in the hundreds." (Well, then. ) New Jersey claimed to have abolished slavery by relabeling slaves as "apprentices for life" (a distinction that the 1860 census ignored, calling them what they were in fact if not law). Then the 13th Amendment was ratified, apparently there were 16 such people freed from their life-time "apprenticeships".
The abolition of slavery in the territory wedged between Mexico and Canada, from the Atlantic to the Pacific, was a process that started with some states in 1777 and concluded by Constitutional amendment in 12/1875. Even then, some tribes continued to hold slaves (probably not many) until the practice was ended by treaty in 1866.