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Impact of the dred scott v sandford case
Compromise of 1850 and kansas nebraska act
Dred Scott V. Sandford
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This Mississippi Supreme Court case expanded the Mississippi Constitutional Laws of Search and Seizure. The case number is 266 So.2d 567 and is an appeals case seen in the appellant court of Mississippi. On September 8, 1970, Ronald Scott was arrested for the possession of illegal marijuana. The first court that saw this case was the Circuit Court of Jackson County, in Pascagoula, Ms. The Scott vs. State case involves appellant Ronald Scott and the state of Mississippi. The state acts as the prosecution, and Scott acts as the defendant, along with his attorneys.
In 1846, Dred Scott sued a Missouri court for his and his family’s freedom. This was the year in which the fight for freedom for Dred Scott started. His initial suit took hold in a local St. Louis district court. He lost the first suit but won his second trial. Although he won the second trial, the decision was set aside by the Missouri State Supreme Court.
In 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.
In the Dred Scott v. Sandford case in 1957, a black man named Dred Scott who at the time was living in Illinois and previously in free territory of Wisconsin before moving back to the slave state of Missouri, had gone against the government and appealed to the Supreme Court hoping he would get the grant of freedom. Scott attempted to sue the the Missouri courts for his freedom, but ultimately failed in the end. He was claiming that his residence in a freed territory made him a free man, but the courts resided. Eventually, Scott brought this case to the Supreme Court which caused a big dispute between the people in America about the
In the case, the Supreme Court ruled that “all people of African ancestry could never become citizens of the United States and therefore could not sue in federal court,” according to Africans in America. Buchanan also encouraged some federal judges to agree with southern judges in the case, convinced that a proslavery decision and final ruling would end fighting in Kansas and other violence that has erupted around the issue of slavery. Because of Buchanan’s support and interference in the case, the nation became even more
Before the events of Bleeding Kansas happened, Congress had to pass the Kansas-Nebraska Act. The second draft of the act championed by Stephen Douglas passed because it allowed popular sovereignty to decide if slavery would be permitted in the new territories. When understanding the events of Bleeding Kansas, it is best to follow the four distinct constitutions drawn up by the settlers. The first attempt at a constitution came from free-staters in Topeka. While the Topeka constitution prohibited slavery, it “clearly compromised the varied attitudes on race…” (75).
This contributed to the Civil War. The result of the Kansas/Nebraska Act was Bleeding Kansas. The violence displayed that people were willing to go to complete extremes for their sides, even killing each other so that their way of life would have more power. Bleeding Kansas showed the divide between the regions because it was the first bloodshed in this conflict. Next was the Dred Scott Case where Roger Tany stated that black people were property, and property was property everywhere, meaning there were no free states.
In 1857, an African American man named Dred Scott sued for his freedom in the Supreme Court. His owners brought him along on their trips across free states. Dred Scott failed in suing before his case was presented in the Supreme Court. Roger B. Taney was the fifth chief Justice of the United States when he wrote the Dred Scott vs Sandford decision. The Dred Scott vs Sandford case ended with the decision that African Americans, free and enslaved, had no rights and could not become citizens because they were property.
“Bleeding Kansas”: A conflict in Kansas where pro-slavery and anti-slavery forces fought over territory. A pro-slavery mob burned down multiple buildings inside of an abolitionists settlement to stop their beliefs. The conflict was also in the senate, as a pro-slavery senator assaulted an anti-slavery senator who was speaking of the burning of the abolitionist settlement. Bleeding Kansas was important as it changed the culture of the region by giving many southerners fear of slaves, and a reason to get
America’s founders created the constitution in order to create unification and order in the United States. However, there have been controversy surrounding the interpretation of the constitution, this has caused debate over many issues within the country. These issues and the lack of wartime policy within the constitution directly lead to the Civil War, which was one of the worst alterations this nation has faced. The Missouri compromise, the Dred Scott decision, and Bleeding Kansas were controversial issues surrounding the constitution that directly lead to the Civil War.
His case reached the U.S. Supreme Court in 1857 as Dred Scott v. Sandford. The verdict declared Scott a slave and the Missouri Compromise unconstitutional. In a 7-2 vote, Dred Scott v. Sandford was decided because of the historical context and the Fifth Amendment. Dred Scott v. Sandford occurred while tensions over the slavery debate were high. Over the course of eleven years and five trials, sectional tensions increased until America was on the brink of a Civil War.
Taney’s opinion, on the other hand, would differ greatly from a Marshal opinion. Taney supports the dual federalism perspective, which holds that the state and national governments are equal in power, and places much emphasis on the Tenth Amendment. From Taney's opinion in Scott v. Sandford, it is evident that Taney holds an enclave view of the Tenth Amendment, meaning that there are areas of delegation specifically reserved to the states and the the federal government cannot intrude on. In the Scott v. Sandford ruling, Taney stated that Congress was out of line and had no power to regulate slavery in the territories. This court opinion invalidated the already repealed Missouri Compromise, demonstrating Taney’s support of the states overturning federal legislation that impeded on state sovereignty.
The end result of the Dred Scott decision was Chief Justice Roger Taney 's decision that Congress did not possess the jurisdiction to stop slavery from spreading into other territories, even if they were considered free. Even worse, any free Black could now be allowably forced into slavery. Being forced into slavery was also seen as being beneficial to the free Blacks. Instead of reaching a decision as President Buchanan had hoped, it had started a rapid expansion of the conflict. This rapid expansion over the issue of slavery eventually led to the Civil War.
As a result of the abolishment of slavery in some states, there were many outcomes to the gain of freedom for African Americans. Due to the freedom of African Americans, there were many interferences that they were forced to endure. With the Laws that abolished slavery in some states, there were a few cases that African Americans challenged and sometimes won. One example of this would be the Dred Scott case. Dred Scott was an African American slave born in the slave-state of Virginia.
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.