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Dred Scott Dred Scottwas a slave in the United States who sued unsuccessfully for his freedom in the DredScott v. Sandfordcase of 1857. His case was based on the fact that he and his wife Harriet Scott were slaves, but had lived in states and territories where slavery was illegal.
After failing to purchase the freedom of his family and himself, Scott sued Emerson for his freedom in 1846. Scott claimed his presence and residence in free territories required his emancipation. Scott’s suit was dismissed because he failed to provide a witness to testify that Scott was in fact a slave belonging to Emerson. Emerson moved to Massachusetts and transferred the case to his brother. In November 1852, the Missouri Supreme Court reversed the jury’s decision and reversed the example stating that Scott was still a slave. Scott sued again but in Federal Court. First Attempt
Scott v. Stanford In this ruling, the U.S. Supreme Court stated that slaves were not citizens of the United States and, therefore, could not expect any protection from the Federal Government or the courts. The opinion also stated that Congress had no authority to ban slavery from a Federal territory.
Decision The Court first had to decide whether it had jurisdiction. In total, six Justices agreed with the ruling and Chief Justice Taney delivered the opinion of the Court. Article 3 Section 2, Clause 1 of the U.S. Constitution provides that “the judical Power shall extend..to Controversies..between Citizens of different states..” The Court held that Scott was not a “citizen of state” within the meaning of the United States Constitution. Chief Justice Taney reached the conclusion that no person descended from an American slave had ever been a citizen for Article 3 purposes. The majority opinion stated that slaves were not citizens of the United States and, therefore, could not expect any protection from the Federal Government or the courts.
G.R.I.P.E.S.!! POLITICAL The expansion of the territories and resulting admission of new states would mean a loss of political power for the North, as many of the new states would be admitted as slave states, and counting slaves as three-fifths of a person would add to their political representation in Congress.
“all men are created equal..” 13th amendment 14th amendment The amendment provides a broad definition of citizenship, overruling the decision in Dred Scott v. Sanford, which had excluded slaves from possessing Constitutional rights. • The thirteenth amendment officially abolished slavery and continues to prohibit slavery and involuntary servitude, except as punishment for a crime.
The Aftermath Many thought this decision would bring slavery to the attention of the nation and was a step toward slavery’s ultimate destruction. This decision also moved the nation one step closer to the Civil War.
Sources www.wikipedia.com www.pbs.org www.landmarkcases.org www.ourdocuments.gov
