Sunday, November 18, 2012

LAD #18: Dred Scott Decision

In 1857 the Supreme Court was back at the task of giving the decision to the controversial Dred Scott vs Sanford case. At first, what was believed to be the majority called for the decision to avoid the touchy subjects of black citizenship and the constitutionality of the Missouri Compromise and make sure they were left unaddressed by the decision. After seeing minority justices takes these into account, the majority put Justice Roger Taney in charge to oversee that these issues were put to the test in the decision. Even President Buchanan highlighted the overarching influence of the Supreme Court in this matter. On the day of the decision, Justice Taney first addressed the question of black citizenship, asking if one who was once property might be able to become a citizen of the Union. He actually stated that the right to sue to the Supreme Court was a right reserved under the Constitution for American citizens, which Dred Scott was not making his case in the court unconstitutional. Next he turned to the Missouri Compromise stating that the federal government in these territories could not works outside its means and violate the right to property American citizens held. As a result, the Missouri Compromise was unconstitutional as it had no right to determine the rights to property of an American who just happened to reside there. Dred Scott's last hope of being deemed free was shot down by the ambiguous ruling that the freedom of a slave is ruled by the state he brought suit in, which was the slave state Missouri. In the end, the Supreme Courts decision was upheld in favor of Sanford, a landmark case.

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