Wednesday, November 21, 2012

LAD #18

Dred Scott Decision
As the court discussed the case it was clear that a decision in favor of Sanford was favored.  But the court was overlooking the larger issues of Negro citizenship and disagreement over the Missouri Compromise.  The court chose Justice Nelson to write the decision but found that his opinion overlooked these issues.  So, they decided to have Chief Justice Roger B. Taney write the decision and include all of the issues in mind.   Americans knew the decision was coming and President-elect James Buchanan contacted the Supreme court asking for their decision before his inauguration.  Soon after Buchanan was aware of the decision and used his inauguration to support the court and their decision.  Soon after the decision was announced in court.  Taney explained that Negroes whether free or slave were not citizens of the US and therefore Scott did not have the right to sue in a federal court.  In regards to the Missouri Compromise Taney explained that the government could not act outside of the constitution.  Therefore, the Missouri Compromise was unconstitutional because it deprived slaveholders of their property(slaves).  After this Taney had one more decision, was Scott free?  He decided that he was not free because the status of a slave does not change after travel to a free state.  Taney decided that the case be dismissed for lack of jurisdiction and sent to a lower court under the same instructions, therefore ruling in favor of Sanford.


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