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by tdb7893 395 days ago
Huh, it never got tested in the Confederacy but it's interesting their Constitution might not have protected it. I'm very curious what the Confederate Supreme Court would have said if it ever had existed.

I wonder if that it's not clearly protected based on US jurisprudence is an oversight because apparently the Barron v Baltimore decision wasn't well known at the time according to the wiki article you linked on it and the VP was so adamant that it is.

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It was a major topic of discussion at the Confederate States Constitutional Convention; the fire-eaters lost: https://dn720307.ca.archive.org/0/items/journalofcongres00co...

> In thus constructing the fundamental law, of course, a struggle has occurred in the secret sessions of the Montgomery Congress, in which those refusing to close the door against the reception of anti-slavery States have achieved a victory.

https://www.cw-chronicles.com/blog/admission-of-northern-sta...