Dredd scott case minority opinion essay

This case has been twice argued. After the argument at the last term, differences of opinion were found to exist among the members of the court, and as the questions in controversy are of the highest importance, and the court was at that time much pressed by the ordinary business of the term, it was deemed advisable to continue the case and direct a re-argument on some of the points in order that we might have an opportunity of giving to the whole subject a more deliberate [p] consideration. It has accordingly been again argued by counsel, and considered by the court; and I now proceed to deliver its opinion. There are two leading questions presented by the record:

Dredd scott case minority opinion essay

Dred Scott was a slave who was taken to Missouri from Virginia and sold. His new master then moved to Illinois a free state for a while but soon moved back to Missouri. Upon his master's death, Scott claimed that since he had resided in a free state, he was consequentially a free man.

The case eventually made it to the Supreme Court.

Dredd scott case minority opinion essay

As stated by Supreme Court Justice C. Taney, "In considering this First, was Scott, together with his family, free in Missouri by reason of his stay in the territory of the United States hereinbefore mentioned?

Supreme Court Toolbox

And second, if they were not, is Scott himself free by reason of his removal to Rock Island, in the state of Illinois? Due to the variance of opinions on why the Court decided as they did all seven justices who decided against Scott wrote opinion papers for the casethe opinion of Justice Taney is generally cited for the majority.

According to Taney, the Court decided that Scott and hence all negro slaves or their descendants was not a citizen of the United States or the state of Missouri, and thus not entitled to sue in the federal courts. Justice Taney then went beyond this point and ruled on the entire issue of slavery in federal territories, claiming that slaves were property and therefore the Missouri Compromise was unconstitutional.

Most people, whether for or against the decision, viewed it as a political decision and not a legal one.

Dissenting Opinions

For the first time since Marbury vs. Madison in and only the second time ever the Supreme Court declared an act of Congress the Missouri Compromise null and void. The decision also lowered the Court's prestige in the North and widened the sectional cleavage by moving Southerners from the position that slavery could not be kept out of the territories to the assertion that it must be protected in them.

Dredd scott case minority opinion essay

Dred Scott, a slave in Missouri, had been taken by his owner, John Emerson, into Illinois, where slavery had been prohibited by the Northwest Ordinance ofand into the Louisiana Territory, where slavery was forbidden by the Missouri Compromise.

After his return to Missouri, Scott brought suit against Emerson's widow, claiming that he was free by reason of his residence in free territory. The Missouri supreme court ruled against him, but after his ownership was transferred to Mrs. Emerson's brother, John F. Sanford of New York, Scott brought a similar suit in federal court.

Sandford held that a black slave could not become a citizen under the U. Constitution based on that Scott had not become free by virtue of his residence in a territory covered by the Missouri Compromise, since that legislation was unconstitutional.DREDD SCOTT CASE: MINORITY OPINION.

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Keywords Dred Scott, whose famous case to gain his freedom Constitution of the United States, page 3. dred scott case Essay slavery in the United States territories nullifying the Dred Scott Case. This was the most important day in US history for African Americans.

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