Dred Scott Vs Sanford Case Video
The Dred Scott Case - \Dred Scott Vs Sanford Case -
Can you help me study? Write your answers in complete sentences in your own words. How did the Court justify its decision that Dred Scott was not a citizen with standing in federal court? Taney delivered the opinion for the Supreme Court in the case Dred Scott vs. John F. The case was decided by a 7—2 majority and each justice—other than Taney—wrote his own separate statement of concurrence or dissent.
Dred Scott Vs Sanford Case
All nine justices wrote opinions but only two, Benjamin Curtis and John McLean, offered dissents that supported Scott.
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Scott began his legal battles in after his master, Dr. Emerson, an army surgeon, had taken Scott first to the free state of Illinois in and then in to the free soil territory of Wisconsin.
Https://amazonia.fiocruz.br/scdp/blog/woman-in-black-character-quotes/sexism-and-its-impact-on-society.php returning Dref Missouri and being denied an offer to purchase his freedom, Scott sued, first in the Missouri courts and in in Dred Scott Vs Sanford Case US Circuit Court of Missouri.
The court, led by Chief Justice Roger Taney, was inclined to dismiss the case for reasons of jurisdiction, but agreed to hear it after McLean and Curtis made it known that they were preparing opinions. At issue was the belief that Scott could not bring a federal lawsuit because he was not a citizen of the United States : Scott was both black and a slave.
The Significance of Dred Scott
As Chief Justice Taney noted in his opinion, not even freedmen could be citizens. Taney reasoned that Negroes had a long established servile position. Drawing from history, he enumerated the thoughts of the Founding Fathers who, in his opinion, never viewed blacks as equals. Taney then enunciated the doctrine of dual citizenship: although some northern states had extended citizenship to blacks, there was a distinct difference between federal and state Saford.
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Additionally, the Constitution did not give Congress the power to regulate slavery: the right to hold slaves constituted a local property right. Hence, Scott was still a slave. Taney then reasoned that the Missouri Compromise was unconstitutional because it violated the Fifth Amendment.
Although the Act had already been repealed by the Kansas-Nebraska Act, this part of the decision would make it far more difficult for Congress, in Januaryto resurrect the Compromise short of a Constitutional amendment. The decision also damaged the logic behind popular sovereignty, the solution to slavery in the territories espoused by Lewis Cass and Stephen Douglas.
The decision was condemned by leaders of the new Republican Party. Abraham Lincoln felt the court needed reforming while future Republican leaders Ben Wade and Roscoe Conkling openly called for packing the court.]
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