Legal Opinion · Dissent

O'NEILL v. Morse

Michigan Court of Appeals

Decided February 18, 1970No. Docket 6,467Published

1DissentBronson, J.

The development of our constitutional democracy and the constantly evolving legal history of our Bill of Rights guaranteeing “due process” and the “equal protection of the laws” to all persons are not accidental.

Through the years the state and Federal courts, including the United States Supreme Court, have struggled with the meaning of the word “person” as that term is used in the Bill of Rights.

There was a time, early in our nation’s history, when Indians were not regarded as persons, and the courts had to make it plain that indeed Indians were persons, entitled to constitutional guarantees.…

2Cases cited13 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
  4. Williams v. Marion Rapid Transit, Inc.Ohio Supreme Court · 1949
  5. LaBlue v. SpeckerMichigan Supreme Court · 1960

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