LAD #14 Dred Scott Decision
Over the case of Dred Scott on February 14, 1857, it favored a moderate decision that ruled in favor of Sanford but did not consider the larger issues of Negro citizenship and the constitutionality of the Missouri Compromise. Nelson was elected to work on the decision. The Court elected to throw out Nelson's decision and instead chose Chief Justice Roger B.
By inauguration day 1857, Buchanan knew what the outcome of the Supreme Court's decision would be and took the opportunity to throw his support to the Court in his inaugural address. On March 6, 1857, the first question asked was Taney's opinion stated that Negroes, even free Negroes, were not citizens of the United States, and that therefore Scott, as a Negro, did not even have the privilege of being able to sue in a federal court. Similarly, Congress could not deprive the citizens of the territory of "life, liberty, or property without due process of law," according to the Fifth Amendmentessed was the Negro citizenship, not only that of slaves but also that of free blacks. Since the constitution made no distinct difference between slavery and proptery, Taney reasoned that the Missouri Compromise deprived slaveholding citizens of their property in the form of slaves and that therefore the Missouri Compromise was unconstitutional. Taney ruled that the case be dismissed for lack of jurisdiction and sent back to the lower court with instructions for that court to dismiss the case for the same reason, therefore upholding the Missouri Supreme Court's ruling in favor of Sanford.
By inauguration day 1857, Buchanan knew what the outcome of the Supreme Court's decision would be and took the opportunity to throw his support to the Court in his inaugural address. On March 6, 1857, the first question asked was Taney's opinion stated that Negroes, even free Negroes, were not citizens of the United States, and that therefore Scott, as a Negro, did not even have the privilege of being able to sue in a federal court. Similarly, Congress could not deprive the citizens of the territory of "life, liberty, or property without due process of law," according to the Fifth Amendmentessed was the Negro citizenship, not only that of slaves but also that of free blacks. Since the constitution made no distinct difference between slavery and proptery, Taney reasoned that the Missouri Compromise deprived slaveholding citizens of their property in the form of slaves and that therefore the Missouri Compromise was unconstitutional. Taney ruled that the case be dismissed for lack of jurisdiction and sent back to the lower court with instructions for that court to dismiss the case for the same reason, therefore upholding the Missouri Supreme Court's ruling in favor of Sanford.

0 Comments:
Post a Comment
<< Home