...events prior to the civil war took place. The U.S Supreme Court issued what became as their decision on the case of Dred Scott v. Sanford. Why was was this case brought upon in the first place? Dred Scott brought the case before the court himself. Scott was looking for freedom from slavery. Before getting into the case, some information about Scott is mandatory. Scott, born sometime during the year of 1795, in Southampton County, Virginia. Where he was born into slavery. After several years, Scott’s first owner died, where then he was sold to a U.S. army doctor, Dr. Emerson. In 1836 Scott would go on to marry Harriett Robinson where her ownership was transferred over to...
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...Throughout United States history, the United States Supreme Court has decided major cases related to the civil liberties of African Americans. In 1857, the Supreme Court case Dred Scott v. Sanford raised the questions, “Is a slave a citizen?”, “Can a slave sue in court?”, “Is a slave free if transported to a free territory?”. The Supreme Court ruled no to all of these questions. In 1896, the Supreme Court case Plessy v. Ferguson ruled “separate but equal” is constitutional. These decisions have had a significant impact on the nation. The years leading up to the Dred Scott v. Sanford case consisted of tensions over the issue of slavery and slave rights. There are many compromises and documents established that helped to prevent the extension of slavery. The Northwest Ordinance of 1787 was one of the first of many documents that banned slavery in the territories. It was established to allow for the administering of new territories and forbade the expansion of slavery into...
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...course, there are exceptions, especially historical ones. The landmark 1857 case of Dred Scott vs. Sandford is an outstanding example of a Supreme Court decision that was both as horrible as it seems, as well as impactful for a large amount of people in the United States, directly. This paper will analyze the Dred Scott decision,...
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...The Scott vs. Sanford case was held on 1857, at the Supreme Court. The court case was about how a free or not freed slave was not considered an American citizens, instead they were considered property. Due to slaves not being represented as citizens, they could not sue in federal court. This case also stated that Congress lacked power to ban slavery in the U.S. territories. Dr. John Emerson bought a slave named, Dred Scott, who eventually moved him to Wisconsin territory and lived there for four years. Slavery was banned in this territory due to the Missouri Compromise. When Emerson died, he left the Scott family to his wife Eliza Sanford. When the Scott family tried to gain their freedom, Miss. Sanford declined their offer. Dred Scott then...
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...historical events that changed or altered the future. The following three are true Dred Scott vs. Sanford, Brown vs. board, and Plessy vs. Ferguson.these three cases all had one thing in common African Americans were being accused because of there color. In Plessy v. Ferguson, the Court upheld a Louisiana law requiring restaurants, hotels, hospitals, and other public places to serve African Americans in separate, but ostensibly equal, accommodations. In establishing the separate but equal" doctrine, the Court said that segregation is "universally recognized as within the competency of states in the exercise of their police powers." In the sole dissent, Justice John Marshall Harlan -- a former slaveowner -- said the ruling would "stimulate aggressions, more or less brutal, upon the admitted rights of colored citizens. They were allowed to go in any public place because they saw that it was against the 14th amendment.this was a huge step...
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...The Dred Scott vs. Sanford case was a very big deal. This issue dealt with a very serious subject of the time. This subject is slavery. Slavery was a very serious and important part of our history and past. Slavery was important because it helped the world realize that no matter color of skin everyone is equal. Dred Scott fought for freedom because he had already been a slave for ten years and sought to live a free life. But at the same time his master Sanford had no intention of losing one of his slaves which he had most likely paid or traded for. Why is the Court Even Hearing it? The Court is hearing this trial because Dred Scott sued for his freedom in the Missouri Courts. And because the compromise of 1820. The treatment of Scott as property and not as a person. Facts and Background of the Case. Dred Scott was a slave in Missouri from the years 1833 to 1843. He...
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...The key constitutional issues related to the case of Dred Scott v. Sanford include the issues of slavery, and what constitutes a slave's freedom. Scott, who with his slave owner traveled to the free territory of Missouri, was led to believe that he was released from slavery and could live as a free man in the Minnesota territory. He did not escape into the territory so he could not be considered a fugitive slave and thus could not be brought back to Missouri as a fugitive slave. Ultimately the key issue at hand was the issue of slavery in general and whether Scott was considered a slave in the free territory of Minnesota. Another issue was the issue of the Missouri Compromise, as well as the fugitive slave law. Although his owner did not technically free him, Scott felt that if he was brought to the territory then he was considered free. The court did not know if Scott was a free man or was still considered a slave under the slavery law. Because of the constitutional issue of slavery and the impact that it had on the Scott case, Taney, one of the nine justices serving on the court at the time of the case , wrote in his opinion that “congress lacked the authority to prohibit slavery in the territories and that the Missouri Compromise was therefore unconstitutional” (Eisgruber...
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...June 19th, 1862 when the Congress agrees to prohibit slavery in the States, which completely voids the Dred Scott Case. It was an important day because it helped African Americans achieve the rights that they deserved, even though, they never thought they would see the day of gaining these rights. Over the years, these slave’s only hope was to be free. Dred Scott was a slave in Missouri to the Emerson family, but Emerson died in 1846 and that’s when Scott decided to sue for his freedom. The case was ruled in a state court where he lost, but afterwards the case was brought up in a national court. After the case went to national court, Dred Scott lost the case, but was later labeled a free man. Like most things, this Dred Scott case had a lot of positive impacts, as well as some negative impacts. Some impacts include the Republican Party grew more firm because they strongly opposed the courts ruling; and it forced the abolitionist to discard slavery as well and all this tension leads to the civil war. A couple extreme impacts from the Dred Scott Case is it leading to a couple fights, such as Bleeding Kansas, and it also led to the Panic of 1857. Even with these troubles, it seemed worth it because it caused...
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...and judging how much power congress has were established. This case mainly influenced the political aspect of the United States because it focused on power. McCulloch v. Madison is another case that influenced the US, especially in the area of economics. The case was about whether or not the National Bank should have overall control over other banks and how much control they had. The third and final case that I think is equally as influential is Dred Scott v. Sanford, which brought up the very controversial topic of slavery. Shortly after the case was the first time slavery was brought up in discussion and created a lot of social change. Each one of the cases I am going to talk about are equally as influential but I believe that the Dred Scott case was the most influential in shaping the economy, politics, and social aspect of the United States. The three Supreme Court cases in the time period 1790 to 1877 that were the most influential in shaping the United States were Marbury v. Madison, McCulloch v. Maryland, and Dred Scott v. Georgia. The Supreme Court Case Marbury v. Madison shaped a large part of the United States economy, social, and political aspects. The case formed the basis of Judicial Review and focused on what should be considered constitutional and who can make that decision. The federalists were in a bit of a rough spot because they had lost the presidency and much of the control that they used to have. Adams made a couple of last minute adjustments as...
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...Dred Scott and his wife Harriot were slaves who belonged to the army Dr. Emerson. Over the course of their enslavement Dr. Emerson traveled with them throughout states in the Northern region were slavery was prohibited. Scott and his wife eventually settled in St. Louis with the Emerson’s after Emerson retired. In 1846 after Dr. Emerson’s unexpected death Scott filed a petition for his freedom with the St. Louis courts. Scott’s lawyers were dependent on the ruling in the Winny vs. Whiteside case in which determined that slave who was taken by their owners to states that did not allow slavery for extended periods of time should be therefore granted freedom. Many cases tried after the Winny vs Whiteside case such as Rachel vs Walker ruled in favor of the slave on accounts of that decision. Missouri courts also ruled in favor of the slave and in turn granted Scott his freedom. The victory was short lived because in 1849 Emerson’s brother in law filed an appeal with the Missouri Supreme Court and on accounts of the decision made in the Strader vs. Emerson case Scott’s original ruling was overturned and his freedom was revoked by Supreme Court Justice Roger B Taney. In delivering the Supreme Court...
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...Ideals of Bondie an Enslaved Woman vs. Daniel Metcalf Case Question 1: The court should follow the case of Bondie an Enslaved Woman vs. Daniel Metcalf because Bondi fought against her enslavement because she is from Indiana where slavery was illegal even though she was living in South Carolina. This is very similar to John’s case because slavery was prohibited in Illinois. Therefore, his labor in Illinois should grant him freedom. Understanding the Legal and Historical Basis for American Courts Considering British Precedent Question 2: There are various historical and legal ties between the British common law and the American legal system. When American colonies were first established, they followed some legal traditions and principles of...
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...In the year 1850, about 14% of the population of the United States are slaves. While slavery was virtually non-existent in the Northern states, states in the south had slave populations as high as 58%. Also in 1850, there was a compromise that left California a slave-free state, while giving Utah and New Mexico the choice. The Fugitive Slave Act of 1850 made it that southern slave masters could look for runaway slaves in the north. This gave the Northerners a fear of “Is slavery sectional or national?” Everything changed in 1852 when Harriet Beecher Stowe wrote Uncle Tom’s Cabin, a novel that told the life of a fictional slave. It shows how slaves are mistreated. More abolitionists resulted. In 1854, the Kansas-Nebraska act repealed the Missouri...
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...Throughout the history of the United States, the Supreme Court has made major decisions relating to the civil liberties and rights of African Americans and each major decision has had a major impact on the American Society. Three Supreme Court decisions in response to cases filed by African Americans have impacted America more than any other decisions and also highlight the gradual development of equal rights in the United States. In 1857 when tensions over slavery ran high, the Dred Scott v. Sanford decision divided the nation into two camps – slavery and antislavery and this ultimately contributed to the Civil War in 1861. Plessy v. Ferguson decision of 1896 was a major setback in race decisions allowing African Americans to be discriminated...
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...into the union as a free state or as a slave state. This was in direct conflict with the Missouri Compromise, according to which both should have entered as free states. Naturally, Abolitionists were outraged. This anger led to a series of violent encounters between abolitionists and pro-slavery advocates, known as “Bleeding Kansas”. In the end both Kansas and Nebraska would enter as free states, but the damage was done. Dred Scott The Supreme Court decision in Dred Scott vs. Sanford was one of the most famous and consequential decisions in history. Dred Scott, a slave, had been taken by his master into the Wisconsin territory, which, according to the Missouri Compromise, was a free territory. After his master’s death, Scott tried to purchase his freedom from his master’s widow, and when she declined, he sued for his freedom. Although the precedent was that he should be free, his case was appealed to the Supreme Court where they made a decision that shocked the nation. Chief Justice Taney, writing the majority opinion in the 7-2 decision, found not only that Scott was not free, but he, as an african american, could not sue in federal court because he was not, and could never become, a citizen. Taney was trying to settle the question of slavery, once and for all, but he gravely miscalculated. The decision, which is considered one of the worst in the history of the supreme court, only added fuel to the fire. John Brown John Brown’s raid on Harper’s Ferry was one of...
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...Historical Timeline and Essay Michael Meisenheimer AAGN10AA62 December 11, 2011 Kelly Cantrell Historical Timeline and Essay Timeline 1793 Eli Whitney Invents the Modern Cotton Gin Slavery was becoming less and less profitable in the South prior to 1793. One reason was because cotton was not a profitable crop for farmers because preparing it for sale was so labor intensive. Eli Whitney's cotton gin turned cotton into a profitable crop and raised the demand of slaves in the South to grow it. This coincided with the North becoming a more industrialized region that didn't need to depend on slaves. 1819 Missouri Compromise The Missouri Compromise was brokered by Senator Henry Clay to settle the dispute between the North and the South about if the Western territories would be slave or free. Under the terms of the Compromise, slavery would only be allowed in Missouri and south of the 36th parallel. The need for the Missouri Compromise illustrates how the North and the South were beginning to hold very different views on how allowable slavery was to the nation. Bitter feelings about the compromise persisted in both the North and the South. 1828 The Nullification Crisis The Nullification Crisis grew out of a protective tariff of 1828. The tariff was popular with the Northern states, because it provided protection for American made goods. Southern states traded heavily with Great Britain during this time, and felt it would damage their economies. With the support...
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