Wednesday, November 19, 2014

LAD #18: Dred Scott Decision

A portrait of Dred Scott
In the 1857 case Dred Scott v. Sanford, the Supreme Court ruled in favor of Sanford but didn't consider larger issues like citizenship for African-Americans and the constitutionality of the Missouri Compromise. Justice Nelson was asked to write on these issues, but the rest of the court did not agree with his opinion. The court chose Chief Justice Roger B. Taney to write the majority opinion instead. By February, some people were aware that a conclusion was soon to be reached; James Buchanan found out the results beforehand and supported the Supreme Court in his inaugural address.

Taney questioned whether any African Americans - even free blacks - could be considered citizens and protected under the Constitution; as such, Dred Scott didn't even have the power to sue, as he was not a citizen, but was considered Sanford's property. He then reasoned that since the Missouri Compromise deprived slaveholders of property, it was unconstitutional, then ruled that Scott was still a slave.

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