...events prior to the civil war took place. The U.S Supreme Court issued what became as their decision on the case of Dred Scott v. Sanford. Why was was this case brought upon in the first place? Dred Scott brought the case before the court himself. Scott was looking for freedom from slavery. Before getting into the case, some information about Scott is mandatory. Scott, born sometime during the year of 1795, in Southampton County, Virginia. Where he was born into slavery. After several years, Scott’s first owner died, where then he was sold to a U.S. army doctor, Dr. Emerson. In 1836 Scott would go on to marry Harriett Robinson where her ownership was transferred over to...
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...Throughout United States history, the United States Supreme Court has decided major cases related to the civil liberties of African Americans. In 1857, the Supreme Court case Dred Scott v. Sanford raised the questions, “Is a slave a citizen?”, “Can a slave sue in court?”, “Is a slave free if transported to a free territory?”. The Supreme Court ruled no to all of these questions. In 1896, the Supreme Court case Plessy v. Ferguson ruled “separate but equal” is constitutional. These decisions have had a significant impact on the nation. The years leading up to the Dred Scott v. Sanford case consisted of tensions over the issue of slavery and slave rights. There are many compromises and documents established that helped to prevent the extension of slavery. The Northwest Ordinance of 1787 was one of the first of many documents that banned slavery in the territories. It was established to allow for the administering of new territories and forbade the expansion of slavery into...
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...The Scott vs. Sanford case was held on 1857, at the Supreme Court. The court case was about how a free or not freed slave was not considered an American citizens, instead they were considered property. Due to slaves not being represented as citizens, they could not sue in federal court. This case also stated that Congress lacked power to ban slavery in the U.S. territories. Dr. John Emerson bought a slave named, Dred Scott, who eventually moved him to Wisconsin territory and lived there for four years. Slavery was banned in this territory due to the Missouri Compromise. When Emerson died, he left the Scott family to his wife Eliza Sanford. When the Scott family tried to gain their freedom, Miss. Sanford declined their offer. Dred Scott then...
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...course, there are exceptions, especially historical ones. The landmark 1857 case of Dred Scott vs. Sandford is an outstanding example of a Supreme Court decision that was both as horrible as it seems, as well as impactful for a large amount of people in the United States, directly. This paper will analyze the Dred Scott decision,...
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...historical events that changed or altered the future. The following three are true Dred Scott vs. Sanford, Brown vs. board, and Plessy vs. Ferguson.these three cases all had one thing in common African Americans were being accused because of there color. In Plessy v. Ferguson, the Court upheld a Louisiana law requiring restaurants, hotels, hospitals, and other public places to serve African Americans in separate, but ostensibly equal, accommodations. In establishing the separate but equal" doctrine, the Court said that segregation is "universally recognized as within the competency of states in the exercise of their police powers." In the sole dissent, Justice John Marshall Harlan -- a former slaveowner -- said the ruling would "stimulate aggressions, more or less brutal, upon the admitted rights of colored citizens. They were allowed to go in any public place because they saw that it was against the 14th amendment.this was a huge step...
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...The Dred Scott vs. Sanford case was a very big deal. This issue dealt with a very serious subject of the time. This subject is slavery. Slavery was a very serious and important part of our history and past. Slavery was important because it helped the world realize that no matter color of skin everyone is equal. Dred Scott fought for freedom because he had already been a slave for ten years and sought to live a free life. But at the same time his master Sanford had no intention of losing one of his slaves which he had most likely paid or traded for. Why is the Court Even Hearing it? The Court is hearing this trial because Dred Scott sued for his freedom in the Missouri Courts. And because the compromise of 1820. The treatment of Scott as property and not as a person. Facts and Background of the Case. Dred Scott was a slave in Missouri from the years 1833 to 1843. He...
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...The key constitutional issues related to the case of Dred Scott v. Sanford include the issues of slavery, and what constitutes a slave's freedom. Scott, who with his slave owner traveled to the free territory of Missouri, was led to believe that he was released from slavery and could live as a free man in the Minnesota territory. He did not escape into the territory so he could not be considered a fugitive slave and thus could not be brought back to Missouri as a fugitive slave. Ultimately the key issue at hand was the issue of slavery in general and whether Scott was considered a slave in the free territory of Minnesota. Another issue was the issue of the Missouri Compromise, as well as the fugitive slave law. Although his owner did not technically free him, Scott felt that if he was brought to the territory then he was considered free. The court did not know if Scott was a free man or was still considered a slave under the slavery law. Because of the constitutional issue of slavery and the impact that it had on the Scott case, Taney, one of the nine justices serving on the court at the time of the case , wrote in his opinion that “congress lacked the authority to prohibit slavery in the territories and that the Missouri Compromise was therefore unconstitutional” (Eisgruber...
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...June 19th, 1862 when the Congress agrees to prohibit slavery in the States, which completely voids the Dred Scott Case. It was an important day because it helped African Americans achieve the rights that they deserved, even though, they never thought they would see the day of gaining these rights. Over the years, these slave’s only hope was to be free. Dred Scott was a slave in Missouri to the Emerson family, but Emerson died in 1846 and that’s when Scott decided to sue for his freedom. The case was ruled in a state court where he lost, but afterwards the case was brought up in a national court. After the case went to national court, Dred Scott lost the case, but was later labeled a free man. Like most things, this Dred Scott case had a lot of positive impacts, as well as some negative impacts. Some impacts include the Republican Party grew more firm because they strongly opposed the courts ruling; and it forced the abolitionist to discard slavery as well and all this tension leads to the civil war. A couple extreme impacts from the Dred Scott Case is it leading to a couple fights, such as Bleeding Kansas, and it also led to the Panic of 1857. Even with these troubles, it seemed worth it because it caused...
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...Dred Scott and his wife Harriot were slaves who belonged to the army Dr. Emerson. Over the course of their enslavement Dr. Emerson traveled with them throughout states in the Northern region were slavery was prohibited. Scott and his wife eventually settled in St. Louis with the Emerson’s after Emerson retired. In 1846 after Dr. Emerson’s unexpected death Scott filed a petition for his freedom with the St. Louis courts. Scott’s lawyers were dependent on the ruling in the Winny vs. Whiteside case in which determined that slave who was taken by their owners to states that did not allow slavery for extended periods of time should be therefore granted freedom. Many cases tried after the Winny vs Whiteside case such as Rachel vs Walker ruled in favor of the slave on accounts of that decision. Missouri courts also ruled in favor of the slave and in turn granted Scott his freedom. The victory was short lived because in 1849 Emerson’s brother in law filed an appeal with the Missouri Supreme Court and on accounts of the decision made in the Strader vs. Emerson case Scott’s original ruling was overturned and his freedom was revoked by Supreme Court Justice Roger B Taney. In delivering the Supreme Court...
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...Throughout the history of the United States, the Supreme Court has made major decisions relating to the civil liberties and rights of African Americans and each major decision has had a major impact on the American Society. Three Supreme Court decisions in response to cases filed by African Americans have impacted America more than any other decisions and also highlight the gradual development of equal rights in the United States. In 1857 when tensions over slavery ran high, the Dred Scott v. Sanford decision divided the nation into two camps – slavery and antislavery and this ultimately contributed to the Civil War in 1861. Plessy v. Ferguson decision of 1896 was a major setback in race decisions allowing African Americans to be discriminated...
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...into the union as a free state or as a slave state. This was in direct conflict with the Missouri Compromise, according to which both should have entered as free states. Naturally, Abolitionists were outraged. This anger led to a series of violent encounters between abolitionists and pro-slavery advocates, known as “Bleeding Kansas”. In the end both Kansas and Nebraska would enter as free states, but the damage was done. Dred Scott The Supreme Court decision in Dred Scott vs. Sanford was one of the most famous and consequential decisions in history. Dred Scott, a slave, had been taken by his master into the Wisconsin territory, which, according to the Missouri Compromise, was a free territory. After his master’s death, Scott tried to purchase his freedom from his master’s widow, and when she declined, he sued for his freedom. Although the precedent was that he should be free, his case was appealed to the Supreme Court where they made a decision that shocked the nation. Chief Justice Taney, writing the majority opinion in the 7-2 decision, found not only that Scott was not free, but he, as an african american, could not sue in federal court because he was not, and could never become, a citizen. Taney was trying to settle the question of slavery, once and for all, but he gravely miscalculated. The decision, which is considered one of the worst in the history of the supreme court, only added fuel to the fire. John Brown John Brown’s raid on Harper’s Ferry was one of...
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...Historical Timeline and Essay Michael Meisenheimer AAGN10AA62 December 11, 2011 Kelly Cantrell Historical Timeline and Essay Timeline 1793 Eli Whitney Invents the Modern Cotton Gin Slavery was becoming less and less profitable in the South prior to 1793. One reason was because cotton was not a profitable crop for farmers because preparing it for sale was so labor intensive. Eli Whitney's cotton gin turned cotton into a profitable crop and raised the demand of slaves in the South to grow it. This coincided with the North becoming a more industrialized region that didn't need to depend on slaves. 1819 Missouri Compromise The Missouri Compromise was brokered by Senator Henry Clay to settle the dispute between the North and the South about if the Western territories would be slave or free. Under the terms of the Compromise, slavery would only be allowed in Missouri and south of the 36th parallel. The need for the Missouri Compromise illustrates how the North and the South were beginning to hold very different views on how allowable slavery was to the nation. Bitter feelings about the compromise persisted in both the North and the South. 1828 The Nullification Crisis The Nullification Crisis grew out of a protective tariff of 1828. The tariff was popular with the Northern states, because it provided protection for American made goods. Southern states traded heavily with Great Britain during this time, and felt it would damage their economies. With the support...
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...The Writ of Habeas Corpus and the War on Terror Charles Chamberlin POL201 Prof. Jason Weinerman 5/12/14 Introduction The basic right to question the government and hold it accountable is a basic hallmark of American Government. The right of the individual to question those in power, whom, according to the US Constitution, are there to represent and/or serve the public, is what makes the American construct unique. Our strength as a nation is manifested in the fact that we even treated our enemies within the rule of the law, even when the Great Writ was suspended. The Writ of Habeas Corpus which is the right to question and challenge the grounds in which our government holds a sovereign free American citizen against their will, is among our most basic fundamental rights. In the following pages, we will explore the history and what has caused us to stray from this ideal and, perhaps, instill the idea in the reader that all American citizens and aliens detained under suspicion, no matter the circumstance, must be treated justly. History of Habeas Corpus The right...
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...Brooke Baker A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ...
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...DBQ: Nationalism & Sectionalism By John A. Braithwaite DIRECTIONS: The following DBQ is based upon the accompanying documents and your knowledge of the time period involved. This question tests your ability to work with historical documents. Your answer should be derived mainly from the documents, however, you may refer to historical facts, materials, and developments NOT mentioned in the documents. You should assess the reliability of the documents as historical sources where relevant to your answer. Check your school and community libraries for materials and also, surf the internet to help you find relevant outside information. QUESTION FOR ANALYSIS: In the period from 1815 to 1858, two giant forces—nationalism and sectionalism--ostensibly in opposition to each other—prevailed simultaneously in the first half of 19th century America. Describe these two forces and discuss the geographic, political, constitutional, economic, and diplomatic contrasts of both forces. PROMPT: Formulate a thesis statement Use documents as well as your own outside knowledge of the period. Deal evenly with all aspects of the questions Be sure to cover the time period given • Assess the validity of the documents • Draw effective and specific conclusions whenever possible TEXTBOOK RECOMMENDATIONS Gillon & Matson The American Experiment Boydston & McGerr Making A Nation Murrin, et.al Liberty, Equality, Power Norton...
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