Tuesday, September 30, 2008

Dred Scott V. Sandford


Describe a an important Supreme Court case that took place before 1865 in it's historical context--what precedents were set, whatimpact did they have and what is the case's relevance today?

It first began with a black man named, Dred Scott suing Mrs. Emerson for false imprisonment. He believed that because he and his owner, Mr. Emerson, moved to a free state, that he had also become free. The first case case was won by Mrs. Emerson, But Mr. Scott's lawyers wanted a new trial. Finally, in 1857, the case appealed to the supreme court. Sanford, Mrs. Emerson's brother, believed thaht Scott could not sue because, he was not a citizen in the contex of the constitution. The supreme court finally came up with the decision that,
". . . . . . We think they [people of African ancestry] are . . . not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. . . ." Chief Justice Taney, hope that his final decision over the case would prevent other cases over slave rights, but just the opposite happened.

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