Opinion: What slavery can teach Supreme Court justices about DACA (via latimesopinion)
The Morgan children were in their pajamas, probably dreaming, when four men broke into their home before daylight, loaded them into the back of an open wagon and forcibly took them across Pennsylvania’s southern border. The year was 1837.
In Prigg vs. Pennsylvania, the court declared Prigg a free man and ruled that the Fugitive Slave Clause of the Constitution superseded state laws and permitted slave catchers to seize people based on a slave owner’s personal belief that someone was an escaped slave. It was simply the law, Justice Joseph Story wrote in the majority opinion.
In the Prigg case, the Supreme Court said the Fugitive Slave Clause overrode Pennsylvania’s Personal Liberty Law, which required a slave catcher like Prigg to appear before a local magistrate to seek a warrant and present his claim that someone was indeed a fugitive, instead of just kidnapping people.
As this division highlights, the DACA case involves some legal uncertainty. A court should hesitate before depriving an administration of the power to repeal prior discretionary policies such as DACA. Still, the law requires agencies such as the Department of Homeland Security to engage in reasoned decision-making. Here, the agency repealed DACA under the mistaken assumption that the program was illegal.
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