The Dred Scott Case

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

“In 1847, Dred Scott first went to trial to sue for his freedom, (Dred Scott’s fight for freedom).” “While the immediate issue in this case was Dred Scott’s status, the court also had the opportunity to rule on the question of slavery in the territories, (Appleby et all, 446-447).” One of the main issues of this case was that the justices were trying to settle a political problem rather than being completely fair in their decisions. Dred lost the first trial but was granted a second trial. The next year the Missouri Supreme Court decided that the case should be retried, (Dred Scott’s fight for freedom). In 1850, the Circuit Court of St. Louis County

The Act caused even more controversy. Dred Scott was a slave in a slave state, but then moved to a free state, so he thought that he was now a free person. The court decided he was not a free person because he was still property. In addition, the Missouri and Main became a free state. This was named the Missouri Compromise. It stated that no more states north of the new boundary could become a slave state, which angered some who needed slaves to run their farms. (Wise...)

　　　　The Dred Scott decision was significant because it was the first time since Marbury v. Madison that the Supreme Court said an act of congress was unconstitutional. It said the congress had no power to ban slavery in the federal territories; therefore, the Missouri Compromise was unconstitutional. By doing this, the Court also said people in the territories had no right to decide whether their state should be a free or a slave state. This was known as popular sovereignty. The decision also hurt the new Republican Party which was trying to stop the spread of slavery. Further, this decision continued the conflict over slavery between the north and south and

We are so accustomed to waking up every day without a care in the world. We can basically go wherever we like, eat wherever we like, sit wherever we like, and not have to worry about another person controlling our every move (unless it’s our parents of course)! Imagine a time, not too long ago, when just because of the color of your skin, you had an “owner” and were treated as a piece of property, instead of another human being. A time where you couldn’t go into certain places, sit in certain areas, let alone use the restroom, unless it was in a designated place for your particular skin color. You weren’t labeled as people, but as black or white. Dred Scott was born a slave in Virginia and had to face these hardships his whole entire life. When he finally walked on to free soil where slavery was prohibited, he stayed and chose to still be with his owner. Once his owner died, he and his wife decided to sue for their freedom. Little did they know, that the rules only applied to certain people when they wanted them to.

The Dred Scott case came at a very turbulent time in American history. It came

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

Dred Scott was a man that grew up in the tough times of slavery. Scott was born around the year 1800 and died in 1858. As a young man and all the way up to his death he tried several times to gain freedom for his family and himself through the Missouri court system, but failed. Scott then took his case to a court in Missouri, where he won only to have the final decision revoked by the Supreme Court (“Dred Scott Biography”). The notorious outcome of Dred Scott v. Sandford case embarked the start of the Civil War in the United States against the northern states and the southern states.

Dred Scott was a slave to Peter Blow family who suffered financial constraints then later sold Scott to a surgeon John Emerson. Emerson moved with Scott to Fort Snelling where slavery was not allowed by Missouri Compromise. During his period at Fort Snelling, Scott married Harriet Robinson a slave too with whom they had two children. Emerson and Scott’s family later moved back to St Louis in the year 1940 where they lived. In 1946 Dr. Emerson passed on, and Scott’s family was left behind with Emerson’s widow as their master. After Dr. Emerson demise, Scott sued Emerson’s family arguing that by him having stayed in Fort Snelling, he had attained his freedom while there and he was a free man. In sought of his freedom, the case was presented to State court, but unfortunately, he lost in case. The case was appealed, and in the year 1857, the case was ruled out by Chief Justice Roger Taney. In the ruling, the court ruled out that, Scotts was not allowed to claim any US citizenship as blacks who were salves or free were not allowed to do so. The ruling also claimed that Scotts had never been free as he was a slave and they were considered as personal property (Konig, Finkelman, & Bracey, 2010). The ruling led to consequences and effects in the US that affected the country politically, culturally and legally as outlined in the paper.

Although the Dred Scott case broke the Missouri Compromise which placed restrictions on slavery in some U.S. territories. This case became a rallying point for the abolitionists leading to the election of Abraham Lincoln. The Dred Scott case eventually got people to stop protesting slavery, but the Court had broken the Missouri Compromise and people in the North were outraged. The Dred Scott decision is important because although it was intended to settle the question of slavery, it adopted a strong view and let

As stated above, the rapid spread of abolitionists in the northern states and the pro-slavery activism in the southern states, the United States of America was soon torn apart. In the year of 1820, an act known as the Missouri Compromise was passed, and slavery was banned from all newly created western territories. This passing caused a lot of tension in the southern states because they believed it was going to eventually diminish their industrial success. A few decades later in 1857, the United States Supreme Court made a new legal principle known as the Dred Scott Decision, which stated that African slaves (in the slave

Dred Scott was an American slave who was taken first to Illinois, a free state, and then to Minnesota, a free territory, for an extended period of time, and then back to the slave state of Missouri. After his original master died, he sued for his freedom. He initially won his freedom from a Missouri lower court, but the decision was reversed by the Missouri Supreme Court and remanded to the trial court. Simultaneously, Scott had filed suit in federal court, where, after prevailing on the issue of his status as a citizen of Missouri, he lost a trial by jury. Scott appealed to the U.S. Supreme Court, which used the case to fundamentally change the legal balance of power in favor of slaveholders.

The Dred Scott Case had a huge impact on the United States as it is today. The Thirteenth and Fourteenth Amendments have called it the worst Supreme Court decision ever rendered and was later overturned. The Dred Scott Decision was a key case regarding the issue of slavery; the case started as a slave seeking his rightful freedom and mushroomed into a whole lot more. 65

Sanford was another hot political issue. Dred Scott and his wife were taken to a free state by their master, and the ruling on this case stated that Scott was still legally bound to his master and must remain a slave. This decision was based on three main factors. The first factor was that Scott was not a citizen and could not sue in Federal court. The second factor was that it was unconstitutional for Congress to outlaw slavery in a territory. The last factor stated that although Scott and his family were heading in and out of Free states, it did not affect their standing as slaves.

     One of the final cause of the Civil was involved a slave named Dred Scott. Dred Scott was an enslaved person owned by John Emerson. Emerson took Dred Scott from Missouri to Illinois, a free state. They then moved back to Missouri, which was a slave state under the Missouri Compromise. In 1857 Dred Scott sued the state of Missouri on the claim that by living in a free state, he was free and had earned his freedom. Scott won that case, but the ruling was later overturn by the Missouri Supreme Court. The Missouri Supreme Court ruled that the compromises including the Missouri Compromise were unconstitutional and that African Americans were not United State citizens and could not be a citizen. Slaves were considered property and had no rights.