Wednesday, November 19, 2014

LAD #18: Dred Scott Decision

Dred Scott


The controversial Scott v. Sandford case of 1857 arose when Dred Scott crossed from a slave state into a free state, wanting to be free from slavery. Chief Justice Roger Taney was chosen to represent the majority opinion of the Court. The new President, Buchanan, contacted some people he knew in the Supreme Court and asked what side he should support in his inaugural address. He ended up saying that he would support the decision of the Supreme Court, whatever it was going to be. Taney dismissed the case in the end, saying that even free black people weren't truly citizens of the United States and therefore were unable to sue in court. Furthermore, he said that he couldn't declare Scott free because slaves counted as property, and it was unconstitutional to take away someone's property without due process. This led him to determine that the Missouri Compromise was also unconstitutional, as it limited slavery and therefore limited property. The dismissal of the case upheld the state of Missouri's ruling in favor of Sandford.

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