Sunday, November 21, 2010

LAD #18: Dred Scott Decision

          Initially, the first time the supreme court met on the matter they slightly favored Sanford and decided to make a moderate ruling based on this. However, they neglected larger issues of negro citizenship and the constitutionality of the Missouri Compromise. As a result, the SC's first decision written by Justice Nelson did not fit the opinion of the majority, and was thrown out, assigning the next decision to be written by Justice Rodger B Taney. The decision ruled that:
          - Blacks, even free blacks, were not considered citizens of the united states and therefore could not sue in court.
          - The Missouri compromise is unconstitutional as it deprived peoples in those territories of slaves, who were considered in the case to be property.
          - No decision was actually made as Taney believed the case should lie with the state from which a slave escaped, therefore he threw it back to the Missouri courts.

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