Wednesday, November 19, 2014

LAD #18


Image - DredScott.jpgThe Dred Scott Decision in 1857 was delivered when sectionalist tensions in America were high. This was just before the Civil war and is known as the worst Supreme Court decision in history. The case was over Negro Citizenship as well as whether the Missouri Compromise was constitutional or not. Roger B Taney was the Chief Justice on the case after the first justice, Nelson was thrown out because he made the majority decision only his. When the decision was delivered by Taney, he delivered that any African American was not legally a citizen of the US, even if they were free and therefore Dred Scott didn’t even have the right to be suing in federal court because he wasn’t a citizen. Then he addressed the constitutionality of the Missouri Compromise. Taney said the land bought in the Louisiana Purchase was under federal government’s control and that they can’t deny any given right to any citizens, which made the compromise unconstitutional because the government would be depriving the new territories in the purchase of the right to hold slaves. Leaving the only part of the case left to be settled if Scott was free because he was in Illinois for a period of time, but since Scott was suing in the state of Missouri, Scott wasn’t a free man because he was in a slave state. Scott’s case and the decision were unfair and America was affected, the Sectionalist tensions raged on after hearing the decision of the court and eventually ended up leading to the American Civil War.

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