Viewing a single comment thread. View all comments

Ad_Friendly_Anal t1_ixoan42 wrote

You really hope so. We fought a civil war last time states tried to enforce laws over state lines, but never really codified that anywhere that that's not allowed.

Modern police departments were formed from the former slave catcher departments; and let's face it, modern police are just as loyal to the state and anti-Citizen as they always have been.

It's nice to think that the law will get slapped down, but realistically for the woman that is first captured and deported back to Texas to 'stand trial,' she's got a hell of an uphill battle if she's even captured alive.

With this Supreme Court going in the exact same direction as the rulings that lead up to the civil war, it's not really clear what will happen.

2

RomieTheEeveeChaser t1_ixoys4x wrote

Canadian here. I was taught that that war was entirely about slavery and the U.S did encode it with a single NWS Clause at the end?

2

Ad_Friendly_Anal t1_ixpm5jm wrote

The war was primarily about slavery, but more importantly the attempt from Southern States to codify the legality of slave-catchers in Northern States;

A specific tl;dr is slaves in the South increasingly were able to escape North; as they got to states where they were people, not property, they had all the inalienable rights of free men -- this meant that the state they escaped from could not compel them to return legally.

That did not stop them from trying -- resulting in kidnapping and clashes between local security forces (anything from port authority to sheriffs to the local militia) and slave catchers were becoming increasingly common. The South had one simple ultimatum -- all slaves were to be considered property unless explicitly freed, no matter where they were in the US. They would not budge on this, at all, which pushed Northerners to continue to exert their (at the time) right to secure their state and refuse to work out a 'compromise' federally that left them with less power.

This, along with the thought among the South that just threatening to secede would be enough to to get them to comply (they erroneously thought they contributed more economically and militarily to the US than the North did, so they thought the US would collapse without them), and then the North basically said "fucking do it, pussies." With the federal government really upset with both parties for refusing to compromise on, you know, the definition of a person.

After the South was defeated so badly that their already poor socioeconomics were simply worse than developing colonies at the time there was a compromise on slavery -- the 14th bans slavery except as a punishment for a crime (which is why the modern day south has roughly double the number of inmates as the former North, and also why red states now tend to have a significantly higher non-white prison population than other states).

The federal government also reasserted its dominance in matters related to interstate justice by establishing the first federal prisons shortly after the war, but this is widely considered to be just a way to cash in on federally legal slaves. Officially the federal government handles people that commit a crime in one state and then leave to another state if the law is also a federal crime, like murder; but it is still within each state to recognize out of state warrants for crimes that do not have a federal counterpart, and to that end the federal government does not interfere with those matters (possibly in any way, as in a state cannot compel another to accept a warrant, but the matter at hand, one state sending agents to another to arrest someone without permission of the host state hasn't been tried in a very long time.)

If there is precedence on the matter, it would be in SCOTUS' wheelhouse as, as far as I'm aware, there are no laws at the federal level stopping this -- and with SCOTUS' current makeup being close to that before the civil war, I wouldn't put it past them to basically force the issue into being legal with no recourse, which may result in direct interstate violence.

2

RomieTheEeveeChaser t1_ixppgzq wrote

Ah, thank you for taking the time to make such an informative response I really appreciate it.

This is all really facinating. We don't get a good perspective on all of the little dohikkies of what the South and North of the U.S wanted/their motivations which drove them to war other than one side is pro-slaves and the other not so this was amazing.

I'll admit to being kind of thick so I'm not sure if this was intentional or not on your part but it seems like you're hinting that modern history may be rhyming and within its first stanza with regards to how southern states may be chasing after women getting abortions over state lines in the future mirroring how they chased after their run away slaves in the past. Is this idea a common worry within contemporary American politics and steps are being taken by leadership to avoid it or do you think it's already too far gone and it's going to come to massive arms before a resolution is found?

Sorry, you don't have to answer that but your response was so well written I kind of just got curious. Thank you though~

2

Timely_Position_5015 t1_ixoaw6a wrote

> We fought a civil war last time states tried to enforce laws over state lines

We’ll do it again if we have to.

1

Ad_Friendly_Anal t1_ixobtco wrote

You hope. For any one in a civil war to win you need the active military split or entirely on their side. If Republicans control all three branches at the federal level, the best you can hope for is a split, and even that's pretty unlikely if you've ever talked to an active duty marine or soldier, almost all of whom vote republican until they get out and experience the VA.

1

Timely_Position_5015 t1_ixod0v9 wrote

All will do what they have to do if it comes to that.

0

Ad_Friendly_Anal t1_ixoewbg wrote

Given the increasing number and severity of hate-crime based mass shootings that are actively been praised by right-wing media; People already are.

1

Timely_Position_5015 t1_ixofex6 wrote

We take the high road; we will wait until the correlation is undeniable.

Let’s breathe and keep our eyes wide open.

1

Dufresne85 t1_ixob5gl wrote

That would require a state to deport her, which isn't impossible especially if she was a Texas citizen. But to get the people that helped deported will never happen unless they have other warrants. Even the super conservative states don't want to give authority over their constituents to another state's government. For whomever ends up having to fight that nonsense it'll be a nightmare and legislators who knowingly pass blatantly unconstitutional laws need to be heavily penalized and removed from office.

1