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Dred Scott Vs Sandford

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Judicial review has been perceived as inconsistent with the significance that democracies properly attach political participation and to equality. Judges under the rule of law are seen as a threat to the courts under a democratic ruling. Judges who conform to the criminal and civil justice in a democratic ruling obtain to the traditional values in moderate courts. The citizens who live under a democratic ruling develop an expectation of judicial power which is expected to be exercised independently. Judges are likely to be a danger to public society since they disregard to speak to cases of a majority rule under racial discrimination. “Where the will of the legislature declared in its statutes, stands in opposition to that of the people declared …show more content…

Judiciaries are a risk to democratic majority rule. In this essay, I will argue that Dred Scott vs Sandford, Plessy vs Ferguson, and Levell v. Bedard are cases that seem to find the justice in political reviews as contrasting to lawful and moral reviews and illustrating racial segregation. Dred Scott vs Sandford Slavery was a terrible time and a time where there were rising conflicts between liberty and equality. During the early period of the United States, slavery was the biggest economic advantage in the South. The South lived of this while the North was more understanding. This created the tension between the Southern and Northern states. During 1820, The Missouri Compromise stated that newest civilians would be free and the new ones in the south would be slave states. The compromise was passed by legislature since people still wanted slavery in the South. Dred Scott was a slave that attempted to gain his civil rights. In 1833, Dred Scott was sold and bought into two free states in the Missouri Compromise region. The conflict went on and created a question, which was “is Dred Scott a free man because of the Missouri Compromise?” Dred Scott …show more content…

After the Dred Scott case, the civil war sparked up and led to a big fall in the country. This led to the reconstruction era. In the United States, Slavery in the South was dominant while less likely in the North, thus created a decrease in the economy that had to be fixed. Direct responses of 3 constitutional amendments were provided during the reconstruction era. The thirteenth amendment that outlawed slavery, the fourteenth amendment that gave equal protection in the U.S to everyone naturalized there, and the fifteenth amendment that prohibits race based restrictions on voting. These amendments were created to give liberty and improve civil rights. Unfortunately, this era failed and did the complete opposite of its creation. Racial segregation was now introduced. The amendments that were passed on now former slaves and black citizens wanted to test the government. This started with Plessy vs Ferguson (1896), 30 year old Homer Plessy, light skin was arrested for sitting in the “Whites only” seat in the Louisiana railroad. This was a test case that challenged the government to see what they would do to Plessy. The USSC weakened the 14th amendment that the law segregates did not violate the 14th amendment as long as you can take the train (Hoffer, 2014.) This created the “Separate but Equal” law that created the Jim Crow laws. “Jim Crow

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