The Pros And Cons Of Dred Scott

Dred Scott was a slave whose owner stole him from Missouri and took him to many free areas in different territories. Scott went to court and demanded that he be deemed a free man because he was living in a free state (Illinois). The court ruled against Scott, because he was black and it was said that he could never be a

To what extent did Dred Scott decision was examined from an incorrect view of the judicial role and viewed as morally incorrect? Due to Chief Justice Taney’s unacceptable error of not reviewing the case through law, the decision led the nation split into two and eventually caused in American Civil War. In this investigation, Chief Justice Taney, who held the majority of votes, actions and behaviors prior of the case will be evaluated for its impact upon a simple freedom case. This investigation will also focus on three questions that Justice Taney claimed after reviewing the case and how it was or was not constitutional. Research will be done in books about Dred Scott’s background and what he has done throughout his life, a reference

INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - slavery. Thus, many scholars assert that the

The Dred Scott Case had a huge impact on the United States as it is today. The Thirteenth and Fourteenth Amendments have called it the worst Supreme Court decision ever rendered and was later overturned. The Dred Scott Decision was a key case regarding the issue of slavery; the case started as a slave seeking his rightful freedom and mushroomed into a whole lot more. 65

The Dred Scott Decision of 1857 ruled that African-Americans, even ones who were not enslaved, were not protected under The Constitution and could never be citizens. This brings up questions that will be answered in this paper. Should slaves be American citizens? Is it morally correct for one to own another human? Does the Dred Scott decision contradict The Declaration of Independence which states that every man is created equal?

　　　　The Dred Scott decision was significant because it was the first time since Marbury v. Madison that the Supreme Court said an act of congress was unconstitutional. It said the congress had no power to ban slavery in the federal territories; therefore, the Missouri Compromise was unconstitutional. By doing this, the Court also said people in the territories had no right to decide whether their state should be a free or a slave state. This was known as popular sovereignty. The decision also hurt the new Republican Party which was trying to stop the spread of slavery. Further, this decision continued the conflict over slavery between the north and south and

“In 1847, Dred Scott first went to trial to sue for his freedom, (Dred Scott’s fight for freedom).” “While the immediate issue in this case was Dred Scott’s status, the court also had the opportunity to rule on the question of slavery in the territories, (Appleby et all, 446-447).” One of the main issues of this case was that the justices were trying to settle a political problem rather than being completely fair in their decisions. Dred lost the first trial but was granted a second trial. The next year the Missouri Supreme Court decided that the case should be retried, (Dred Scott’s fight for freedom). In 1850, the Circuit Court of St. Louis County

new slaves in from places. (Lawson, 1987, 21-29) The court still was denying Dred Scotts freedom. Shortly

When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.

Dred Scott was a slave who sued for his freedom. He said that because he was a slave taken to a free state, even though he was brought back to a slave state, made him free. The court ruled that a free or enslaved African American was not a U.S. citizen and they could not sue in federal court. Also, they ruled that the Missouri Compromise was unconstitutional. Abolitionists were not happy at the court’s decision.

It was the year of 1857 and a robust wind blew through the South as the air was filled with both victory and horrific disappointment. An ordinary man named Dred Scott began his journey for his rights of life, liberty, and the pursuit of happiness. Scott’s struggle for freedom would come to make him one of the most famous plaintiffs in American history and a worldwide symbol for emancipation. Scott happened to be of African descent which was an extremely difficult obstacle to live with in early America. The Dred Scott decision made by the supreme court in March of 1857 negatively impacted the United States by empowering the South, contributing to the secession, and expediting the Civil War.

Unfortunately for the Scotts the circuit ruled in favor of Mrs. Emerson. The Scotts however were allowed to refile their suit and in 1850,in a third trial, Scott is declared a free man on the basis of having lived in non-slavery territories of Wisconsin and Illinois. Mrs. Emerson however filed an appeal and the Missouri Supreme Court returned Scott to slavery. After filing suit once more and losing the case, this time against John Sanford, Irene’s brother who was presumably Scotts new owner, Scott’s lawyers appealed the case to the United States Supreme Court in 1856.The Supreme Court’s decision would “affect not only him, but all black people in the United States.”#

The final ruling on the case was that Scott was denied his freedom. The court based their decision on the fact that the constitution did not give any rights and that black people were not citizens of the U.S. Without a doubt there was outrage among the black communities in the North, and everywhere else. Blacks in the North started meeting in conventions and gathering discussing how unjust the ruling was and how outraged they were over the decision. The court's ruling came as a "victory" for southerners, because it showed slaves that the road to freedom would not come as easy as a court case.

Sanford was another hot political issue. Dred Scott and his wife were taken to a free state by their master, and the ruling on this case stated that Scott was still legally bound to his master and must remain a slave. This decision was based on three main factors. The first factor was that Scott was not a citizen and could not sue in Federal court. The second factor was that it was unconstitutional for Congress to outlaw slavery in a territory. The last factor stated that although Scott and his family were heading in and out of Free states, it did not affect their standing as slaves.

In the March of 1857 Dred Scott, a slave who had lived in a free state for many years, came before the Supreme Court to argue that he was entitled to emancipation. Chief Justice Roger B. Taney ruled that no black