Dred Scott Case Protecting And Denying State’s Rights

2095 words - 8 pages

Dred Scott Case Protecting and Denying State’s Rights
With tensions at an all time high and the nation at a potential breaking point, the decision in the Dred Scott Case came as a surprise to both the North and the South. The decision had drastic consequences, southern principles were validated while northern liberties were threatened. Therefore it is not surprising that The New York Herald and The Charleston Mercury had very different view points and reporting styles. The northern newspaper viewed the decision’s impact as having “tremendous consequences,” the article included how the Supreme Court’s ruling dismantled northern states’ rights, threatened their liberty and state constitutions. While the southern newspaper saw the decision as a “triumph” for southern rights, likely because it granted and validated property rights, and limited Congress’ political debates over slavery. The Federal government could no longer meddle in state affairs and ended the need for compromises between anti and pro-slavery states. Although the North and the South had very different opinions on the decision’s impact, one thing was clear this decision was not the end of the agitation between anti and pro-slavery states. Political agitations prior to the Dred Scott case influenced how this dynamic decision was viewed and reported in The New York Herald, “The Decision of the Supreme Court in the Dred Scott Case, and Its Tremendous Consequences” and in The Charleston Mercury, “The Dred Scott Case-The Supreme Court on the Rights of the South”.
This case came to be yet another symbol of the agitation between the two halves of the nation. The mere impact of the case of one man’s legal fight to obtain his freedom was felt everywhere. Dred Scott, who was born a slave in Virginia, went through the legal system in the hopes of becoming a free man. Upon his master’s death in 1846, he sued the state of Missouri for his freedom based on living in the free-soil territories of Wisconsin and Illinois. At one point the lower court in Missouri asserted that “once free, always free.” However, this finding would not stand. Eventually the case made it to the highest court in the nation, and the findings of the Justices would turn the northern sense of liberty on its ear while giving rights to slave holders and pro-slavery states.1 The Supreme Court’s decision only enhanced existing political tensions and further divided the Nation.
After years in the court system the Justices, in a 7-2 vote, finally concluded four major points that would effect the nation in the years leading up to the Civil War. First, the Supreme Court found that African Americans were not citizens. Chief Justice Roger Taney, from Maryland, and a former slaveowner who eventually emancipated his slaves wrote that slaves were “to be bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it.” In other words Scott was not a citizen and...

Find Another Essay On Dred Scott Case Protecting and Denying State’s Rights

dred scott case Essay

1465 words - 6 pages The Dred Scott Case "Dred Scott, an African American man, was born in Virginia of Negro Slaves around 1800."Scott was sold to Peter Blow a Virginia farmer. Blow, together with his wife Elizabeth, his family and slaves, moved to a cotton plantation near Alabama. They eventually settled in St. Lois. In 1831, Elizabeth blow died. Her husband died a year later. Blow's fortune was inherited by his 11 children. Scott referred to the blow children as

Dred Scott Case Justice vs Jurisdiction

2013 words - 8 pages Dred Scott Case Justice vs Jurisdiction "Justice v. Jurisdiction, Research Paper on Dred Scott v. Sandford" Described as being poorly educated, indigent, feeble, and ill prone, Dred Scott seemed consistent with society's definition of the black slave. However, he was an articulate man who changed our society and American standards. Married to Harriet Scott with four (4) children, Dred wanted to provide his family with a sense of dignity

How the dred scott case affected the lincoln-douglas debates

1209 words - 5 pages The book Dred Scott v Sandford by Paul Finkelman sheds light onto all it's readers about the details of the Dred Scott case and how it had a hand in changing the nation. The Dred Scott decision created a ripple effect, because the decisions of Judge Taney created waves across America. This one decision impacted the Dred Scott v Sandford case tremendously and also, unexpected by Judge Taney, set off many other events concerning slavery. Taney's

A Look Back At the Dred Scott Case

729 words - 3 pages controversial case in the Supreme Court's history. I wanted to learn more about the people involved in the case and what shaped their decision. I also wanted to know more about the legality and the aftermath of the court's decision. 5. To conduct my research, I used the online database Ebsco Power Search. I then went to the History Reference Center and searched under U.S. History. The keywords I entered to find my article was "Dred Scott". I

Promoting and Protecting Minority Rights

5889 words - 24 pages adequate enforcement of the Civil Rights Act of 1954 and the policy of desegregation, it is likely the situation before it would have continue to prevail. In some cases, the federal government not only fails to protect the minority, but oppresses them on their own accord. An example includes the Dred Scott vs Sanford Supreme Court Case. On March 5th, 1857, the decision was simple: Those of African descent were not considered citizens and

Intellectual Property Rights (IPR) Approaches to the Protecting of Traditional Knowledge: Policy Options and Directions for the LDCs like Bangladesh

981 words - 4 pages In November 2013, the Government of Bangladesh (GoB) adopted the special sui-generis Geographical Indicative Products (Registration and Protection) Act to establish intellectual property rights on the products which are originated from specific geographic region of Bangladesh. The purpose of the GI act is to promote socio-economic development of local communities associated with the cultivation and production of GI products. Since the inaction

Women’s Rights in the 1920’s and Examples in F. Scott Fitzgerald´s The Great Gatsby

1734 words - 7 pages Before the 1920’s women had very few rights in politics, education, sports, and fashion. Suffragists fought for a long time against those who said they would never get what they want. In this essay we’ll also be connecting to The Great Gatsby to see how F. Scott Fitzgerald showed examples of the struggles women had went through when they were coming up in the world. The biggest right many women fought for was their right to vote. Men

Summary of "The Case for Animal Rights" Summary and Response Paper. This was written about the story "The Case for Animal Rights" by Tom Regan

707 words - 3 pages Summary of "The Case for Animal Rights" In "The Case for Animal Rights," Tom Regan writes about his beliefs regarding animal rights. Regan states the animal rights movement is committed to a number of goals, including: "the total abolition of the use of animals in science; the total dissolution of commercial animal agriculture; and the total elimination of commercial and sport hunting and trapping. Regan goes on and tells us the

The Case of Barclays Bank and O’Brien 1994 in the Development of Women's Rights

1973 words - 8 pages relationship. Lord Browne-Wilkinson recognised that even in the modern day women still depends upon their husbands to deal with financial matters. The leading authority on special rights, which should be given to women prior to O’Brien, was Turnbull and Duval 1902. His lordship criticised the judgement in this case and described the basis on which the case was decided as ‘obscure’. Scott LJ supported this as he

Emily Murphy essay about her contributions to the Canadian "Person's Case" in which Women fought for civil rights and equality among men

1010 words - 4 pages Emily Murphy, a suffragist as well as a legal and political reformer, was a very important woman in Canadian history. She fought selflessly for the rights of citizens around her and for the overall rights of all Canadian women. Emily changed the way many Canadians viewed and treated women. Through her persistence and hard work, she passed and changed several laws and acts, wrote many commendable books and articles and had a great knack for

Dredful fight for freedom

1111 words - 5 pages Dredful Fight For Freedom The Dred Scott Case was a dispute between Dred Scott, and his owner Sanford. Dred Scott was a slave who was brought into a free territory by his owner, from this Scott tried to sue for his freedom. The conflict led to a Supreme Court decision that said that any African-American, free or slave, could not be a citizen of the United States. Therefore, African-American’s had no right to sue in federal court. This meant

Similar Essays

Dred Scott Case Essay

2027 words - 8 pages Dred Scott Case. This case played a major role in how African Americans live today and how they are accepted among people. Without the efforts of Dred Scott and the people who followed in his footsteps there would be no way African Americans can live with the freedom and rights they have today because of the Dred Scott Case. Scott in addition caused people to really understand what life was like back then and how he stood up for

The Dred Scott Case Essay

2409 words - 10 pages . The Blow family, Dred Scott's original owners, and his minister John Anderson then helped him sue John Sanford in federal court. The case should have been open and shut. I mean to say that Dred Scott was property and should not be able to bring this to court is appalling. Amendments 4, 5, and 6 of the Bill of Rights use the words "person", and "people". Many were saying that a slave can not sue in the federal courts of the United States, when

Dred Scott Case Essay

939 words - 4 pages the Dred Scott case the country had already been struggling for 3 years to identify with the implications of popular sovereignty in the West and if the West would be settled as slave-owning or free. Because the case's decision was so decisive and outwardly bias towards the south, it would cause even more tension then ever before between the two parts of the country and brought war cries to a dim roar.Dred Scott was a slave owned by Dr. John Emerson

Dred Scott Case Essay

885 words - 4 pages Slavery first started in America in 1619 in a country built on freedom and was thriving and growing through the country until December of 1865. Dred Scott was born into slavery in the late 1790s. His trial was significant to the country’s history and changed the United States. The Dred Scott Case led to the end of the Missouri Compromise. The Missouri Compromise outlawed slavery in the Louisiana Purchase Territory and included Illinois, Indiana