...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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...Dred Scott was an individual who was denied his freedom, treated poorly by the courts, a case in which split the U.S in two. Born into slavery in virginia, Dred was purchased in a Missouri slave market by Army Doctor John Emerson. He was later brought to fort shelling in 1836 by way of Fort Armstrong in Illinois Dred Scott wanted court to set him free, because his owner wanted to take Dred to live in illinois, and wisconsin territory where slavery was legal. Chief Justice Roger Tony saw this case as a way to end the question of slavery. This Dred Scott Decision had the power to legalize slavery all over the U.S. It was ruled that congress had no authority to prevent the spread of slavery to territories, and it was argued that free blacks like Dred had NO RIGHTS to be respected by a white person, and that they can be reduced back into slavery for “white man's benefit”. Dred Married a free slave named Harriet they moved in together into Fort Shelling until 1840 when they sued for freedom 6 years later under the northwest ordinance. The government saw this ordinance as unconstitutional and gave no rights to people of color, nor free slaves. This increased slavery everywhere. This casted Dred into a deep depression. This decision hung over the abolitionist...
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...nationality, religion, disability or age. Dred Scott was told that he was not a citizen of the United States because he was a negro. Well that was until he took it to court. Browns case was made for "separate but equal" public schools for blacks and whites were unconstitutional. The case of Shelley vs Kreamer helped change the outlook today on African Americans owning property. There are three court cases that changed the path of the civil rights which include: The Dred Scott vs Standford case , Brown vs the Board of Education case, and Shelly vs Kreamer case. Dred Scott is a man that went to court to sue against Standford for the right to be considered a citizen and not a piece of property. From 1833- 1843 Dred Scott stayed in Illinois because of the Louisiana territory was forbidden by the Missouri Compromise of 1820. After moving back to Missouri Scott sued for his freedom but was unsuccessful. Then that's when he brought a new case to court. Scotts master says that " no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution." Dred Scott sued for his freedom and when that didn't work he didn't let it stop him. He...
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...Slavery in the constitution as a result of the case Dred Scott v. Sanford was one of the most stable stepping stones that led America to the Civil War. Dred Scott was an enslaved man owned by Dr. John Emerson who tried to buy his freedom after he had entered free territory and then returned to Missouri. Like many African Americans, Scott was in “no man’s land” in regards to his legal humanity. The 35 Compromise made in 1787 agreed that three out of every 5 slaves was counted when determining a state’s population, blatantly dehumanizing Africans by deeming them as 35 of a person; this set the stage for ambiguity in cases like Dred Scott’s. Scott argued for his freedom using two Missouri Laws: one, that any person held in wrongful enslavement...
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...The Dred Scott Decision History Paper “Dred Scott decision, formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional. The decision added fuel to the sectional controversy and pushed the country closer to civil war.” Dred Scott was a Missouri slave who had a supreme court case which became one of the big pushes towards...
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...The thesis is basically a genuine argument between two parties; each side’s purpose was to win the case. The thesis starts with Scott v. Sandford decision, which was issued on March 6, 1857. This decision declared that the African Americans, whether enslaved or free, could not be American citizens and could not sue in federal courts. The paper covers the different factors which eventually led to the civil war. The Author’s thesis question was basically why the civil war happened. I think the author was saying that “Scott V. Sandford was not an easily forgotten case…that only the complete eradication of slavery through war could cure.” The Northern and Southern sections of the United States developed differently. The south remained agricultural and the North became more and more industrialized. Both had different social cultures and political beliefs. All of this led to disagreements on issues such as taxes, state rights and federal rights. The main issue that led to the separation of the union was slavery. The conflict led to disunion and disunion brought a war in which Northern and Western territories fought to preserve the union. Dred Scott, a slave who needed citizenship through American legal system, and whose case eventually ended up...
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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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...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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...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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...POL 201 American National Government The Privilege of the Writ of Habeas Corpus POL 201 American National Government Instructor: Professor D B Aug 12, 2013 The Right of Habeas Corpus is derived from the Latin meaning “you have the body.” The meaning according to the U.S. Constitution is the right of any person to question their incarceration before a judge. The detainees of war are entitled to habeas corpus because the authorized use of military force does not activate the Suspension Clause, holding them indefinitely is a violation of the Due Process Clause, and it is undetermined whether the detainees are prisoners of war or citizens suspected of treason. As citizens of the United States we must consider if it is legal for the U.S. government to detain a person without Due Process or 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...
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...protections guaranteed to Americans by the Constitution of the United States of America. This essay will describe the original intent of the writ, the transformations the writ has undergone, and the modern-day implementation of The Great Writ of Habeas Corpus. The essay will also explore how dangerous the practice of denial of this right can be to the freedom against unlawful detainment of people subject to United States civil and criminal law. Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Freedom. What an indescribable term. Is it merely a feeling or is it something more tangible? False Imprisonment. Now that is something more noticeable. The Great Writ of Habeus Corpus has been part of the judicial system since the Magna Carta! It is this writer's intent to show the reader how Habeas Corpus has been incorporated into the United States of America's Constitution and how it has changed since being written into law by the implementation of the Habeas Corpus Act of 1679; Interesting usage of Habeas Corpus will be explored throughout the reader's journey down the rabbit hole. The phrase “Habeas Corpus” is an ancient common law prerogative instrument dating back to the Magna Carta. Though not specifically written in this great charter, Habeas Corpus is implied by the phrase “the law of the land.” This gave enough room for interpretation to include Habeas Corpus as a common law issue versus civil law implementation. It is a legal procedure to which the...
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...Slaves and the Courts, 1740-1860 Katrina N. Hill American Public University System Abstract Years of research routinely done on the life of African American slaves and their struggles within the United States. However, many have forgotten about the injustice African American slaves faced in the United States Court system. During 1740-1860 African American slaves endured not only enslavement but, were neglected by the U. S. Courts. A number of slaves tried to secure their own freedom, only to find the legal system was not on their side. The United States Courts was responsible for hearing and ruling on some of the country’s most controversial cases. The research in this paper was greatly influenced by previous works, with the hopes of shedding light on the United States court systems as it related to African American slaves in this time frame. Slaves and the Courts, 1740-1860 According to Lubert (2010) Slavery has been the great moral failing of the American Revolution… a movement that was based on the self-evident truth that all men were created equal. The founding fathers believed that slavery was in fact an embarrassing contradiction that violated everything the American Revolution stood for (Lubert, 2010.). Even though documents such as the Declaration of Independence existed slavery was widely practiced and legally acceptable. Nearly twenty years after the Declaration of Independence was written. Fugitive slave law was...
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...Thought Paper Writing Assignment on: Life in the South Many colonists came to America because of a desire to prosper and to start a new life. The majority of the settlers were males under the age of twenty. They didn’t realize how harsh it was going to be in the South. I am sure they did not expect to die like so many of them did. The life that they hoped for was not the life that they received. The Southern colonies were an ideal place for agriculture. The long, warm, and moist climate was perfect for growing cash crops such as tobacco, cotton, rice, and indigo. Its rivers were useful for transportation. The hot weather made life in the south harsh and a death expectancy that was shorter than New England’s. There were four classes of settlers; they were the plantation owners, the middle class farmers, the indentured servants, and the slaves. Almost half of the settlers were indentured servants or slaves. How life was in the Southern colonies depended upon which class of people you came from. In a plantation, the wealthy planters’ children were educated at home by teachers that their parents hired; they had easy lives. They learned reading, writing, dancing, and music. Boys learned to ride horses and hunt, and spent lots of time outdoors. The older boys were taught how to run the plantation. The indentured servants were people who came to the colonies on contract. Their hopes were to come to America for a better opportunity of a good life. They would have their fare...
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...The Closing Argument for the Petitioner Dred Scott I shall summarize my legal case history such that all can remember the details and gain a better understanding of my case. My name is Dred Scott, I was born a slave in Virginia around 1800. I was bought by Peter Blow and worked on the family farm until 1819. The Blow family moved to St. Louis, Missouri and opened up a boarding house called the Jefferson Hotel. Peter Blow rented out my services to the river boats on the Mississippi River. In 1832, I was subsequently sold to an army surgeon, Dr. John Emerson for five hundred dollars. Shortly thereafter, Dr. Emerson went to live at Fort Armstrong in Illinois. Illinois was a free state and did not allow slavery. Three years later, Dr. Emerson was transferred to Fort Snelling on the Mississippi River in the Wisconsin Territory, again another slave free territory. During this time, Dr. Emerson purchased a female slave named Harriet Robinson. We fell in love, considered ourselves married and eventually had four children. Following a short period at Fort Jessup in Louisiana, Dr. Emerson returned to St. Louis with his wife Irene and my family. In December 1843, Dr. Emerson died and bequeathed my family and me to his wife. After the death of Dr. Emerson, I tried to purchase my families freedom from the widow Mrs. Emerson. When she refused to sell our freedom, I filed a lawsuit for our family’s freedom. On April 6, 1846, the lawsuit was filed where I claimed that I should be given my...
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...The decisions of the Supreme Court have a profound impact on society. When Congress and the states couldn’t agree whether to pass a law or not, the supreme Court uses its judicial power to declare a Legislative or Executive act in violation of the Constitution. This power, called Judicial Review, was established by the landmark decision in Marbury v. Madison, 1803. This power of the supreme court is unjust. Supreme Court judges have no effective term length, so they can control the other branches as long as they want. It's unfair because it wasn't explicitly written in the constitution. major changes to the county's legal and political system should be made legislatively not by a group of judges. When there are some controversial issues like...
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