Wednesday, November 21, 2012

LAD #18: Dred Scott Decision

     After reviewing the case Chief Justice, Roger Taney, ruled in favor of Stanford.  He did so because since Scott was a slave, fathered by parents who were emmigrated into the United States, he was not technically a citizen and therefore he was not granted the same rights protected by the constitution.  The privledge of suing in court is one of the many rights that the constitution grants to the citizens of the United States.  Since Scott was not a citizen, he was not given these rights crucial to the outcome of his case.  This case also brought to question the constitutionality of the Missouri Compromise.  The constitution did not distinguish between slaves and other forms of property.  Taney then stated that since the Missouri compromise denied citizends of their right to hold property--slaves--that it was unconstitutional.  Futhermore, Scott hoped that Taney could rule Scott as free because of his stay in Illinoise which is a free state.  However, the case was brought forth in Missouri, a slave state, therefore Scott was still a slave.  Taney dismissed the case and sent it back to lower courts who officially ruled Scott as a slave.

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