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- The Supreme Court had to go back and review the Missouri Compromise and the Constitution.
-The state law had to disregard the national law.

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- The court ruled that even though he was living in a free state that he still was looked at as a slave. They also ruled the Missouri Compromise unconstitutional. They also cited the fact that in Article 3 of the constitution, every African American that has been a slave or has descendants of slaves can not be a U.S citizen which means they are also not allowed to sue the Federal Court.

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-  Scot said that because he resided in the state of Illinois which was a free state he therefore was emancipated and should not be looked at as a slave or a runaway slave even thought he was a slave in the state of Missouri before the Missouri Compromise.

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-Dred Scott was a slave in Missouri.
-Went to  court to flee his freedom because he lived in Illinois which is a free state.
- Article 3 of the Constitution stated that no African American or descendant is a citizen of the U.S.

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Q: Was Dred Scott Free or Slave
A: Dred Scott was not free because he could not sue in the court due to him having African American ancestors that were slaves before him. Also you cannot move from a slave state to a free state to gain freedom.

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Irene appealed the case to the Missouri Supreme Court
- reversed the lower court’s decision in 1852, making Dred Scott and his family enslaved again.

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Chief Justice:
Roger B. Taney
Associate Justices:
- McLean
- Wayne
- Catron
- Daniel
- Nelson
- Grier
- Curtis
- Campbell

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Majority Opinion authored by Roger B. Taney:
- The majority held that “a negro, whose ancestors were imported into the U.S, and sold as slaves". This means whether the African American was free or enslaved they did not have the right sue the federal court due to their ancestors being slaves.
-Cited the Missouri Compromise of 1820 was unconstitutional and that Scott moving to a free state did not make him emancipated.