Study Document
Dred Scott V. Sanford Should Essay
Pages:2 (749 words)
Sources:1+
Subject:Government
Topic:Federalism
Document Type:Essay
Document:#59213759
Thus, Scott was always a slave in areas that were free" ("Classifying arguments," Landmark Supreme Court Cases, 2009).
After the Scott decision, advocates of compromise between slave and free states such as Senator Henry Clay found their views legally invalidated. Clay had advocated the doctrine of popular sovereignty: that states should decide whether slavery was prohibited or permitted within their borders. As a result of Scott v. Sandford Northern states that had abolished slavery would now be forced to harbor slaves within their borders, if residents of slave states transported their 'property' to free states. To a slave-holder, being able to transport his or her property to the north was akin to being able to take a piece of luggage across state borders and retain his or her control over the property.
Southern states had always stressed the inclusion of slavery within the Constitution, and generally disregarded the Supremacy Clause, which stated that the laws of the federal government were the supreme law of the land, and state laws that conflicted with those of the federal government were to be overturned. However, it is important to remember that at the time of the Scott decision, slavery was not prohibited by federal law.
In further support of the Court decision in the Scott case, the Compromise of 1820 was already defunct and irrelevant by the time of the 1857 Scott decision. The Kansas-Nebraska Act had repealed the 1820 Compromise, and brought the states of Kansas and Nebraska into being. The scandal of 'Bleeding Kansas' was the result: Kansas was invaded during its (rigged) elections regarding its slave or free status by both abolitionists and pro-slavery activists. It was unclear who had the right to vote, and the state became a kind of symbol of the entire nation's ideological divisions. 'Bleeding Kansas' illustrated the logistical impossibility of America remaining a divided nation. The Scott decision highlighted the impossible legal quandaries that resulted from having a patchwork of free and slave states within the same country.
Works Cited
"Classifying Arguments in the Case." Dred Scott v. Sandford (1857) Landmark Supreme Court
Cases.…
Sample Source(s) Used
Works Cited
"Classifying Arguments in the Case." Dred Scott v. Sandford (1857) Landmark Supreme Court
Cases. November 17, 2009. http://www.landmarkcases.org/dredscott/arguments.html
Related Documents
Study Document
Dred Scott Case Dred Scott's
Taney further ruled that constitution did not consider slave to be any different than other kinds of property. He also rejected the Missouri Compromise saying that it was unconstitutional. Taney offered no hope to Scott on the basis on his stay in Illinois and instead stated categorically that, "the status of slaves who had been taken to free States or territories and who had afterwards returned depended on the law
Study Document
Dred Scott Vs. Sanford Case
Sanford case was taken to the Federal courts and ruled in favor of Sanford. Following this decision to decide in favor of Sanford in the case, Dred Scott appealed the ruling to the U.S. Supreme Court. In 1857, the Chief Justice of the United States Supreme Court, Roger B. Taney delivered the majority opinion in the Dred Scott vs. Sanford case. In his ruling, Taney revealed that seven of the
Study Document
Dred Scott V Sanford Decision
3. In February 1946, the U.S. Treasury asked the U.S. Embassy in Moscow why the Soviet Union was not supporting the newly created World Bank and the International Monetary Fund. Kennan wrote the response to these questions, but included a broader base. 4. Initially, the intended audience was the American government, but when the document was published in Foreign Affairs, the audience became the academic and interested public, along with a
Study Document
Civil War After the War
California was particularly problematic. Taken from Mexico after the war, California was geographically cut in half along the 36°30, and was therefore legally and politically cut in half. However, residents applied for statehood as a free state in 1850. Congress responded with a set of complicated compromises: California would be admitted as a free state in exchange for the Fugitive Slave Law, which required that citizens residing in free
Study Document
Equal Protection the Supreme Court
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded
Study Document
Secession Was a Serious Response
The FDIC is one of Roosevelt's most notable legacies. However, New deal economics have largely fallen by the wayside. The neo-liberal market economy that prevailed in the latter decades of the 20th century counteracts the inherent socialism of the New Deal. A series of public works programs like the Civil Works Administration (CWA), the Public Works Association (PWA), the Works Progress Administration (WPA), and the Civilian Conservation Corps (CCC) helped