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3 supreme court briefs - Essay Example

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The plaintiff (Dred Scott) was held hostage by Sanford owing to their differences in citizenship, and based on the laws safeguarding the plight of slaves in the State of Missouri. Dred Scott who is the plaintiff in this case seeks for freedom and that of his family members under…
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3 supreme court briefs

Download file to see previous pages... in this case is whether it is right to consider a person sold as a slave a citizen of the mentioned state and therefore, entitled to enjoy rights and privileges alongside immunities granted under the constitution of the United States. The key issue in this case is; “Can a slave duly be considered as a citizen and entitled to all benefits granted to United States citizens under the constitution?
The overall decision in this case was that black slaves were not recognized as legitimate citizens of the United States, but were merely considered as property. Therefore, in answer to the key issue the court’s decision was simply “no”, Dred Scott was not considered as a citizen.
In this case, there were seven votes for Sandford and only 2 voted against the ruling. Justice Taney argued on the fact that there is no right to citizenship to those who descended from an American slave according to Article III (Delaney).
There are national norms specifically instituted for the purposes of creating legal frameworks safeguarding issues on citizenship. Therefore, Missouri Compromise was held unconstitutional by the court, for reasons of ending slavery question. The constitution never provided for slaves under the word ‘citizens’, this is since by the time of framing and adoption of the constitution slaves were considered an inferior class.
In this case the Lochner was sued for breaching the Bakeshop Act under New York state labor law. The defendant (Lochner) gave an employee permission to work in his bakery for more than sixty hours per week. The legal provision in this case is based on Bakeshop Act of 1897; no employee in the bakery sector was permitted to work more than ten hours in a day or sixty hours in a week. Lochner appealed his case under the Due Process Clause of the 14th, on the grounds that the law breached his freedom in the process of contracting employees (Delaney).
The key issue is determination of key legislations that seeks to impose restrictions ...Download file to see next pagesRead More
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