Dred Scott Decision : An Incorrect View Of The Judicial Role And Viewed As Morally Incorrect?

According to the Declaration of Independence, signed in 1776, "[...] all men are created equal, [and] they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." One would then expect that every man, would be entitled to their freedom, and it was true, for all white men. African-Americans, however, faced a very different reality. They were still forced into slavery, they were deprived of those rights that all men were meant to have. While the north states opposed slavery, it was permitted in the south, and as the slavery issue raged on, one man would stand to fight for his freedom. His case, would go all the way to the U.S. Supreme Court. The Court's decision would

John granted their request and they married. Harriet and Dred had two sons who died during infancy and two daughters, Eliza and Lizzie. In 1842, the Emersons and the Scotts returned to St. Louis, (The Life of Dred Scott). Dred’s residency in the Upper Louisiana Territory and Illinois gave him the right to become free, but at this time he did not know his rights. When John died in 1843, his widow hired him out to an army captain. While under the Army captain’s command, he tried to find freedom for his family. When Mrs. Emerson refused his offer of three-hundred dollars for their freedom, he decided to take legal action, (Dred Scott’s fight for freedom). These legal actions led to a series of long legal battles. The Blow brothers provided the Scott Family with legal and finical help for court.

Dred Scott was a slave who sued for his freedom. He said that because he was a slave taken to a free state, even though he was brought back to a slave state, made him free. The court ruled that a free or enslaved African American was not a U.S. citizen and they could not sue in federal court. Also, they ruled that the Missouri Compromise was unconstitutional. Abolitionists were not happy at the court’s decision.

INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - slavery. Thus, many scholars assert that the

In 1854 another problem arose which resulted in Congress passing the Kansas-Nebraska Act which repealed the Missouri Compromise, this act was introduced by Stephen A. Douglas a chairman of Committee on Territories, this act allowed the people of Kansas and Nebraska to choose rather they wanted slavery in their boundary or not through the power of popular sovereignty, the Pro-slavery settlers won the election but were charged with accusations that they cheated, in order to make sure that the vote was right they ordered a re-election but the Pro-slavery refused and the refusal resulted into a battle. John Brown an Anti-slavery leader who believed that he was sent here by god to kill anyone who was pro-slavery. He led the anti-slavery force which gained the nickname “Bleeding Kansas”. The fight was soon stopped, and a final election was held, this time the anti-slavery settlers won the vote and was announced that Kansas would become a free state in 1861. In conclusion the Compromises and Acts may have had their flaws but it they some how manage to solve the slavery issues.

To what extent did the Dred Scott Case and the Fugitive slave act and laws further divide the United States? Slavery has been an obstacle to America since the beginning of America’s independence. “… this incomplete revolution did produce, of course, was a fairly clear-cut division of the new nation into slaveholding and non-slaveholding states – all at the very same time when the foundations of a national government were being laid” . It was also geography and economic differences that continue to divide the North and South. The most important issue was slavery. The issue of slavery was pointed out many times by James Madison. The Dred Scott case presented three issues that have been debated throughout the country. The issues are 1. The citizenship of African Americans. “2. Status of slaves who had been held on free soil; and 3. The constitutionality of federal legislation prohibiting slavery in territories. ”

whether they would choose to be free or slave states. In addition, the Kansas-Nebraska Act overturned the Missouri

“Bleeding Kansas” had many senseless deaths and tragedies caused by the fight for slavery to either become a part of or become eradicated from the new state, Kansas. David Atchison was a major proslavery advocate who believed that slavery needed to be expanded because of its intrinsic value in the culture and economy of the South (Hollitz 210). Sara Robinson, on the other hand, believed that slavery was giving the South unfair political power while simultaneously giving them an economic power that was outdated and inhibiting to the future of the United States (213). Without ever meeting, these two influential figures went head to head in the issue of slavery and greatly influenced both of their parties. Robinson would eventually come out with the victory along with her “free soilers” group and would blaze a trail for many more to challenge the institution of slavery. Atchison would come to lose his battle and a portion of his great reputation and become known as the hell-raiser for his known and unknown relations with the violence during “Bleeding Kansas.” The events in Kansas seemed to bring up many issues that would come to change the face of the United States forever.

Scott would be sold to John Emerson, whom was a surgeon serving in the army. In 1836 Dr. Emerson began his stationing in the free states. In 1837 Dred met his wife Harriet, in Wisconsin (a free state). The two of them were able to stay together in this free state while Mr. Emerson left them behind. In 1840 they all moved back to Missouri. Dr. Emerson died in the army and the Scotts were now property of Mr. Emerson’s widow. In 1846 Dred attempted to buy his and his wives freedom for Mrs. Emerson to no prevail. After that Dred took matter into his own hands and filed legal suit in the St. Louis Circuit court, where it all began.

The case Marbury vs. Madison led to the most important decision the US Supreme Court has ever made. The parties, William Marbury, appointed Justice of Peace under the Judiciary Act of 1801 by John Adams the former US president, and James Madison, Thomas Jefferson’s Secretary of State at the time, had conflicting interests concerning William Marbury’s right to office. Madison refused to grant Marbury his appointment. This led to Marbury ordering the Supreme Court to issue a writ of mandamus, obliging Marbury to grant his commission. Marbury’s main argument was that the Judiciary Act of 1789 granted the power to issue former to the Supreme Court. By refusing the appointment, Marbury claims, is Madison violating his legal rights to obtain the commission. The Court’s ruling in this case, delivered by Mr. Chief Justice John Marshall in 1803, had an important impact on the establishment of judicial review. But was the Court’s decision justified?

Dred Scott was born in 1795 in Virginia into slavery. His original owner, Peter Blow, relocated to Huntsville, Alabama, and later died. Dred Scott was sold to Dr. John Emerson and later wed Harriet Robinson. Her ownership was transferred to the

It was the year of 1857 and a robust wind blew through the South as the air was filled with both victory and horrific disappointment. An ordinary man named Dred Scott began his journey for his rights of life, liberty, and the pursuit of happiness. Scott’s struggle for freedom would come to make him one of the most famous plaintiffs in American history and a worldwide symbol for emancipation. Scott happened to be of African descent which was an extremely difficult obstacle to live with in early America. The Dred Scott decision made by the supreme court in March of 1857 negatively impacted the United States by empowering the South, contributing to the secession, and expediting the Civil War.

the name of Eliza and Lizzie. Dr. Emerson eventually returned back to St. Louise himself where he married Irene Sanford. Irene came from a large family in Virginia. In 1840 John was sent down to Florida leaving his land and slaves behind with Mrs. Emerson. She allowed them to stay around and sometimes would rent them out to other families for 5 dollars a month. Dr. Emerson retired in 1842 and died in 1843 leaving all of his property including his slaves to his wife. This is what initiated the fight for the Scotts freedom. Since under the wills terms, Mrs. Emerson did not believe that she could sell the slaves, which she had no use for. However, the state in which they were in-slaved in had the ability to sue for their own freedom. This was

One of the significant events between the North and the South that took place before the Civil War was Bleeding Kansas. According to Martin Kelly, this event was a “small and bloody civil war over slavery [and] made its mark on American history by setting the scene for the American Civil War around 5 years later.” Kelly demonstrates that Bleeding Kansas was an important event that led to the war since it was the first shots between the Northern abolitionists and Southerners over the subject of slavery. The fact that this event focused on slavery depicts

The impact of the Dred Scott v. Sandford lasted from (1833-1857). Dred Scott was originally from Virginia but resided in both Illinois and Missouri for most of his life. One of the reasons he resided in Illinois, was because it was known as a free state. In 1846, Dred Scott entered the state of Missouri and sued for his freedom in the Missouri Courts; unfortunately it was an unsuccessful attempt. Throughout his life, he continued to challenge the Courts for his freedom, ultimately obtaining freedom in 1857. Dred Scott becoming a free black was the beginning of an American history revolution.