...Today, the United States Supreme Court is regularly lambasted for many of the decisions it makes, and the phrase “worst decision in history” is regularly thrown around. The polarized political climate in the United States combined with a twenty four hour media cycle helps push this perspective, but in reality the vast majority of Supreme Court decisions are not nearly as good or bad as the public wants to believe. Of 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 full name of the case of Dred Scott v. John F. A. Sandford and it took place during 1856 and 1857. It was a decision by the United States Supreme Court on US labor law and constitutional law. Dred Scott was an enslaved man of “the negro African race” who had been taken by his owners to free states and territories. Montgomery Blair and George Ticknor Curtis were Scott’s lawyer for the case before the Supreme Court case.The Supreme Court then ruled in Sanford’s favor by a 7-2 ruling because they did not consider Scott as a citizen. Since he was not a citizen, he didn’t not have the right to sue Sanford, who is a citizen. The judgment was reversed and the case was dismissed for lack of jurisdiction. Following the Missouri Compromise, the...
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...The Supreme Court is the highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation. Established in 1789 and authorized by the United States Constitution, the members of the Supreme Court are allowed to decide whether or not a Legislative or Executive act is in violation of the US Constitution. Throughout the history of America, the members of the Supreme Court have decided upon many cases that have impacted America and shaped it into the country that it is to this day. While Supreme Court cases have without a doubt impacted America as a whole, when it comes to seeing the African American part of American history, the impact that these cases have had becomes bigger. Within...
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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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...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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...His case was called ‘’Dred Scott v. Sanford’’. He actually made it to court. Dred Scott made history happen by going to court for his freedom. His statement or what his whole is built upon was the statement that he had lived with Dr. Emerson in free territories like Illinois, that when Dr. Emerson died he Dred Scott thought he was free. The process began in 1846. Dred Scott had lost his first trial in a local St. Louis district court but, he then won his second trial, only to find out that the decision overturned by the Missouri State Supreme Court. Although he was rejected he would not give up for his and his wife’s freedom. Nothing was going to get in his way. He wasn’t alone. He had a team of people who hated slavery. Dred Scott then filed his suit in St....
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...Madelyn Risbrough Professor Howlett History 16 Section 12080 3 August 2014 Supreme Court Cases Shaping America I believe that the small decisions we make can determine an even larger outcome. I believe that power is in the hands of the people. I believe that the United States has been shaped solely by the actions people take. From 1790 to 1877 there have been many Supreme Court cases, but there are three that really stick out to me to have shaped the United States economy, social, and political aspects. The first court case that was very influential during this time period was Marbury v. Madison where the concept of Judicial Review 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...
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...Japanese-American Cases (pp. 231-270) Complete ONE of these tasks: (1a; 1b; 1c) 1a) After the attack on Pearl Harbor more than 120,000 Japanese Americans were forced to live in detention camps and leave the west coast.There are four constitutional cases that connect: Yasui B U.S, Hirabayashi V. United States, Korematsu V United States and Ex parte Endo. When examining these cases the judges did not examine separation but rather examined: curfew, exclusion, detention and indefinite incarceration. In Hirabayashi V. United States Hirabayashi was convicted of violating curfew and not reporting to an...
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...Western territories.1 Background of the Case In 1857, Missouri slave Dred Scott's case came into this highly charged environment and before the U.S. Supreme Court. Popular sovereignty allowing states to decide the slavery issue and affirming slave owners' right to take their slaves into Western territories were key issues for the court. Illinois, Wisconsin and Minnesota were free states when Scott lived there with his owner. In Dred Scott v. Sandford, Scott claimed he was free since he had lived...
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...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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...A perfect example is the Dred Scott v Sandford case. Dred Scott had moved with his owner to free states. When his owner died he tried to purchase his freedom; however, the widow rejected. Dred Scott filed suit and the case was heard by the supreme court. Chief Justice Roger Taney issued the decision, that Dred Scott whether free or a slave is not a U.S. Citizen and therefore had not right to sue in Federal court (Lecture, 05 February). This decision is considered the worst rendered by the Supreme Court; however, would subsequently be later overturned by the passing of the 13th and 14th Amendment. With the civil war going on its third year, National Archives states, “It was only until President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, that all persons held as slaves within the rebellious states are, henceforward shall be free” (The Emancipation Proclamation, 2018). President Lincoln gave moral reinforcement to the union’s cause but also gave hope to hundreds of thousands of African Americans. Despite this victory it will be a long time before that great statement will come to fruition for the African American...
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...Habeas Corpus in any circumstances. The term “habeas corpus” is believed to have first appeared as early as 1305 as a concept as part of the common-law tradition at a time of Magna Carta, signed by King John, the law states “No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed—nor will we go upon or send upon him—save by the lawful judgment of his peers or by the law.” McElroy W. (2012). This later in the seventeenth century was re-written and used to assistance by the lawyer and politician Sir Edward Coke. In 1628 he helped to draft the Petition of Right, which became a foundation of the document that is the English Constitution. Again a reinterpretation of Magna Carta had a philosophical impact on the American colonies, the agreements that were drafted during this period. Sir Coke may well have been one of the authors of the Virginia Company agreement. By 1679 our Founding Fathers drew on the Habeas Corpus Act, which passed Parliament during the reign of King Charles II. When it...
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...executive branches of government have a voice… so should the courts” (Fiss 2-3). Each of the branches work together to achieve the correct governmental structure based on the Constitution. The Supreme Court contains valuable members who help make important decisions for the citizens and for the country as a whole. Without the judicial...
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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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...Although the Compromise of 1850 introduced several measures that would impact the nation and cause further tensions and division amongst pro-slavery and anti-slavery groups, the Fugitive Slave Act was the most controversial. The Fugitive Slave Act safeguarded slavery, not only in the states where slavery was allowed, but also imposed this same protection in non-slave states. While abolitionists regarded this as a violation of state sovereignty and a disparagement to free land, pro-slavery groups rejoiced in the strengthening of political and legal support of slavery throughout the United States. As law officials attempted to reclaim slaves who had escaped to freedom in the north, they were met with increasing resistance and violence....
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