The history of the dred scott v sanford case

Finally, the Court declared that the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property.

dred scott v sandford concurring opinion

The decision in Dred Scott v. Moreover, the Court argued that even if Scott was deemed "free" under the laws of a state, he would still not qualify as an American citizen because he was black.

As they noted, the Supreme Court's decision began with the proposition that the federal courts did not have jurisdiction to hear Scott's case because he was not a citizen of the State of Missouri.

The history of the dred scott v sanford case

Thanks for watching! The hearsay problem was surmounted by a deposition from Adeline Russell, stating that she had leased the Scotts from Emerson. Harriet died on June 17, It was expected that the Scotts would win their freedom with relative ease, since Missouri courts had previously heard more than ten other cases in which they had freed slaves who had been taken into free territory. Supreme Court, which reviewed the case in Whatever status Scott might have had while in a free state or territory, he argued, once he had returned to Missouri his status depended entirely on local law, notwithstanding the doctrine of once free, always free. Sanford[ edit ] At this point, the case looked hopeless, and the Blow family decided that they could no longer pay for Scott's legal costs. Sanford was represented by Reverdy Johnson and Henry S. Louis, where he was a minor celebrity.

Could a slave-or a black person-actually be entitled to sue in federal courts? The Court's decision in Dred Scott v.

dred scott v. sandford for dummies

He ignored precedent, distorted history, imposed a rigid rather than a flexible construction on the Constitutionignored specific grants of power in the Constitution, and tortured meanings out of other, more-obscure clauses. Although later courts would adopt the policy of deciding constitutional questions on the narrowest possible grounds, the pre-Civil War courts often decided all issues that could support their rulings.

But Taney was determined to impose a judicial solution on the slavery controversy. This disallowance of popular sovereignty contributed to the national disorder over the spread of slavery. Inthe state court finally declared Scott free. Used by permission. Emerson had died inand Dred Scott had filed his suit against Irene Emerson.

Under such circumstances it does not behoove the State of Missouri to show the least countenance to any measure which might gratify this spirit.

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Dred Scott Decision