Sunday, November 20, 2016

LAD #18 Dred Scott Decision

Image result for dred scott


In the case of Dred Scott v. Sanford, the court originally leaned towards Sanford. They selected Justice Nelson to write the opinion of the majority, but upon its presentation, it was discovered that his "majority" was just himself. They then changed to have Chief Justice Roger Taney write the majority. First, Taney addressed the issue of citizenship. Saying that African Americans were never truly citizens, and the right to sue in a court of law was reserved for American citizens, Scott actually had no right to sue, as he was not a United States citizen. Taney then went on to say that the Missouri Compromise was unconstitutional because slave owners above the 36 30 line were being deprived of their right to property in the form of slaves. Finally, he said that Dred Scott was still not a free man upon his stay in Illinois, because he had brought suit in Missouri, a slave state. Taney dismissed the court for lack of jurisdiction and sent it back to the lower courts.





Image result for 3/5 compromiseThe Dred Scott decision is like the 3/5 Compromise because is reasoned that African Americans were not citizens, and could not be considered in activities reserved only for United States citizens.

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