Dred Scott v Standford(1857) by Poe Cheney https://padlet.com/pchene8657/zk1nhvlq17m570vl en-us 2020-11-20 22:42:34 UTC 2024-12-09 00:55:20 UTC hello@padlet.com pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947378325 Chief Justice:
Roger B. Taney
Associate Justices:
  • John McLean
  • James M. Wayne
  • John  Catron
  • Peter V. Daniel
  • Samuel Nelson
  • Robert C. Grier
  • Benjamin R. Curtis
  • John A. Campbell
]]> 2020-11-20 23:21:57 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947378325 Case Background pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947397344
  • Dred Scott was an African American slave in Missouri.
  •  From 1833 to 1843, he lived in Illinois and the Louisiana Territory (free land).
  • After returning to Missouri, he filed suit in Missouri court for his freedom.
  • He argued that he should be freed because he now lived in a free state.
  • After losing his case, he filed a new suit in federal court.
  •  However, Scott's master maintained that no “negro” or descendant of slaves could be a citizen in the sense of Article III of the Constitution.

    • ]]>     2020-11-20 23:37:34 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947397344     Supreme Court Case Question and Answer pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947494691 Question:
    Was Dred Scott free or slave?
    Answer:
    Held portions of the Missouri Compromise unconstitutional in violation of the Fifth Amendment, treating Scott as property, not as a person.
    7–2 DECISION FOR SANFORD
    MAJORITY OPINION BY ROGER B. TANEY

    ]]>     2020-11-21 01:11:03 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947494691     The Opinion of the Court pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947504610 The majority opinion authored by Roger B. Taney
    The majority held that “a negro, whose ancestors were imported into the United States, and sold as slaves,” whether enslaved or free, could not be an American citizen and therefore did not have standing to sue in federal court. ]]>     2020-11-21 01:22:24 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947504610     Concurring and Dissenting Opinions pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947510857 In dissent, Benjamin Robbins Curtis criticized Taney for addressing the claim’s substance after finding the Court lacked jurisdiction. He pointed out that invalidating the Missouri Compromise was not necessary to resolve the case, and cast doubt on Taney’s position that the Founders categorically opposed anti-slavery laws. 

    John McLean echoed Curtis, finding the majority improperly reviewed the claim’s substance when its holding should have been limited to procedure. He also argued that men of African descent could be citizens because they already had the right to vote in five states. 
    ]]>     2020-11-21 01:28:42 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947510857     Significance of this Supreme Court Case pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947522011 The court held that the Missouri Compromise violated the Constitution and therefore was invalid. This is significant because it ended the Missouri Compromise, which ultimately paved the way to the Civil War.
    The court's decision proved that there wasn't secure freedom anywhere because Scott remained a slave while living in a free state.]]>     2020-11-21 01:41:32 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947522011     Oral Arguments pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947532056 The Scotts presented their case to the Supreme Court because they believed Dred Scott should obtain his freedom since he is a resident of a free state. The counter argument was a Negro was not a citizen of the United States, therefore does not have the right to bring to suit to the court.]]> 2020-11-21 01:53:02 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947532056 Judicial Activism or Restraint? pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947533092 This case is an example of Judicial Activism because it set the stage for fighting to end slavery. This case had a huge impact on African Americans and free states versus slave states. The decision led to the Civil War and is one of the most famous Supreme Court cases in history. ]]> 2020-11-21 01:54:12 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947533092 Lower Court's Decision pchene8657 https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947644951 The lower court ruled that Dred Scott did not earn his freedom because he is not a citizen of the United States, meaning he cannot argue his case in the court of law.]]> 2020-11-21 04:12:52 UTC https://padlet.com/pchene8657/zk1nhvlq17m570vl/wish/947644951