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Taney further ruled that constitution did not consider slave to be any different than other kinds of property. He also rejected the Missouri Compromise saying that it was unconstitutional. Taney offered no hope to Scott on the basis on his stay in Illinois and instead stated categorically that, "the status of slaves who had been taken to free States or territories and who had afterwards returned depended on the law of the State where they resided when they brought suit." Before the text of this decision could be made public, Republicans had gained access to dissenting arguments of Justice McLean and Justice Curtis and a heated debate began in the Congress and in the press.
However unfortunately for Dred Scott, he could never become a free man. But his efforts did not go in vain as his case accelerated the debate on slavery....
The Northern and Southern states had reached a point where they could go on war on this issue. Taney's ruling however was recorded in history as "thoroughly abominable" and Dred Scott became a symbol of struggle for freedom for the black people in the U.S.
Bibliography
Stampp, Kenneth M. America in 1857: A Nation on the Brink (New York: Oxford University Press, 1990)
Don E. Fehrenbacher, The Dred Scott Case (New York: Oxford University Press, 1978)
Stanley I. Kutler, The Dred Scott Decision: Law or Politics? (Boston: Houghton Mifflin Company, 1967)
Fehrenbacher: 250
Fehrenbacher 262.
Fehrenbacher 272.
Fehrenbacher 276
Stampp 88
Fehrenbacher 305
Kutler 5
Fehrenbacher 315
Hopkins 63
Hopkins 71
Kutler 111
Bibliography
Stampp, Kenneth M. America in 1857: A Nation on the Brink (New York: Oxford University Press, 1990)
Don E. Fehrenbacher, The Dred Scott Case (New York: Oxford University Press, 1978)
Stanley I. Kutler, The Dred Scott Decision: Law or Politics? (Boston: Houghton Mifflin Company, 1967)
Fehrenbacher: 250
Thus, Scott was always a slave in areas that were free" ("Classifying arguments," Landmark Supreme Court Cases, 2009). After the Scott decision, advocates of compromise between slave and free states such as Senator Henry Clay found their views legally invalidated. Clay had advocated the doctrine of popular sovereignty: that states should decide whether slavery was prohibited or permitted within their borders. As a result of Scott v. Sandford Northern states
Sanford case was taken to the Federal courts and ruled in favor of Sanford. Following this decision to decide in favor of Sanford in the case, Dred Scott appealed the ruling to the U.S. Supreme Court. In 1857, the Chief Justice of the United States Supreme Court, Roger B. Taney delivered the majority opinion in the Dred Scott vs. Sanford case. In his ruling, Taney revealed that seven of the
3. In February 1946, the U.S. Treasury asked the U.S. Embassy in Moscow why the Soviet Union was not supporting the newly created World Bank and the International Monetary Fund. Kennan wrote the response to these questions, but included a broader base. 4. Initially, the intended audience was the American government, but when the document was published in Foreign Affairs, the audience became the academic and interested public, along with a
Supreme Court of the United States is commonly held to be the last bastion of getting a legal standard correct and complete. While legal precedents shift and change over time, the court eventually "gets it right" or at least comes to a settled position. However, there are other times where the court clearly gets it wrong and technically ensconces something that is wrong-minded and ill-conceived. Although Plessy v. Ferguson
Supreme Court Cases: Trends McCulloch v. Maryland (1819) The State of Maryland enacted a statute obliging all banks not chartered by the state but operating therein to pay additional taxes to the state government. McCulloch, an employee at the Baltimore branch of the Bank of the United States failed to comply with this regulation and the state sued him for violation. McCulloch moved to challenge the constitutionality of the statute. The appellate
Earl M. Maltz, Dred Scott and the Politics of Slavery. University Press of Kansas, 2007. Eric Maltz's book Dred Scott and the Politics of Slavery is a standard history of the key issue of slavery in the western territories in the United States from 1785 to 1860, and the treatment of fugitive slaves. It contains no new or startling information on these subjects, which have been thoroughly studied by historians