We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Dred Scott Case - Essay Example

Comments (0)
Name Date Course Section/# Dred Scott: An Analysis and Review Once the final shot of the Civil War had long since faded into memory, the court cases, legislation, and societal understanding of the African-Americans were ultimately of the most importance with regards to building a new Republic based upon existing determinants of race and the means by which an individual of African-American ethnicity would ultimately integrate within such a society…
Download full paper
Dred Scott Case
Read TextPreview

Extract of sample
Dred Scott Case

Download file to see previous pages... As a function of analyzing one of the most important Supreme Court cases of the first half of the 18th century, this brief analysis will analyze the case of Dred Scott; and its ruling, results, and implications for African-Americans as a whole. Ultimately, the case of Dred Scott concerned a slave who sued his owner for his freedom. As a result of the fact that none of the previous reports were amenable to Dred Scott’s charge, the case was appealed all the way to the Supreme Court. However, the nuances of the case made it slightly more complex than merely representing the right of an individual to sue his/her master as a means of attaining a level of freedom. The case itself, from Dred Scott’s perspective, hinged upon the fact that two of the states in which he served and was held as a slave, specifically Illinois and Minnesota, had outlawed slavery. As a function of this flagrant disregard for the law, Scott’s case ultimately hinged upon what would be one of the causal factors for the Civil War; i.e. states rights. The court ultimately ruled that African Americans, such as Dred Scott, had no claim to either freedom nor citizenship; regardless of whether or not they were held as slaves in non-slaveholding states. Although this may seem in and of itself as something of a shocking determination, even more shocking was the fact that the Dred Scott case implicitly overruled the Missouri Compromise. As such, the Missouri compromise was a piece of legislation that helps to divide the United States between slaveholding and non-slaveholding states based upon geography. However, due to the fact Supreme Court would not recognize the Dred Scott’s claim to freedom, regardless of the fact that he was held as a sleeve against his will in a non-slaveholding state, the Missouri Compromise was additionally deemed as unconstitutional. Further, it was ruled that the reason for this unconstitutionality was the fact that the federal government did not have the right to intervene in, nor make laws regarding the provision of slavery within the territories. More importantly, the Supreme Court’s ruling (by 7-1 no less) determined that Dred Scott was merely property of his owners and as such was subject to the Fifth Amendment to the United States Constitution. Accordingly, the Fifth Amendment to the United States Constitution prohibits the taking of property from the owner without “due process under law”. This only served to further weaken the understanding of the slave as a human being under the law. Moreover, it legitimized the practice of slavery in the fact that it referenced the slave as a form of property that could not be re-allocated without due process under law; in very much the same way the government might reallocate a piece of land, or a given piece of agricultural equipment. Such a level of dehumanization had far reaching impacts. This of course had far-reaching impacts as well as further differentiation and definition of how the African-American slave was used in society. Before delving into the ways in which this land work case affected the future of African-Americans within the United States, it ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Research Paper: Dread Scott v. Sandford
Under the Popular sovereignty’s banner, functions of anti and pro slavery had waged conflicting issues that resulted to violent conflict for the control of what ended up being referred to as bleeding Kansas way before admission of the territory to the union.
10 Pages(2500 words)Essay
It sets up a framework within which the citizens, the government and the legal system of the United States must abide and operate. The legal system of the United States of America is ultimately enforced, interpreted and decided on by the US Supreme Court.
4 Pages(1000 words)Essay
Dred Scott v.s. Sanford 1856
The initial decision dismissing the case along with the subsequent rulings and reversals sparked continuing disruption and fear in the north and the south. The potential effects of a favorable decision were perceived as undermining the institution of slavery that the southern states had grown to depend on, consequently affecting the economic stability of commerce and industries in the southern regions of the country.
3 Pages(750 words)Essay
Impact of slavery on the lives of african americans during the pre-civil period
Slavery as a legal institution had existed in North America for more than one hundred years before the United States was founded in 1776. But it continued in the South until the 13th Amendment of the US Constitution was passed to abolish slavery in 1865.
4 Pages(1000 words)Essay
Cause and effect on the Dred Scott Supreme Court Decision
After this point a brief discussion on the economic causes and effects of the case will be covered with a discussion on social causes and effects. As a final point this paper will provide a discussion on some political causes and effects of the decision and provide a conclusion.
4 Pages(1000 words)Essay
Radical Reconstruction
Booth’s bullet changed the nation because Johnson and Lincoln were often diametrically opposed regarding the reconstruction of the South and degree of civil liberties the freed slaves were to be afforded. Johnson’s views on slaves were clearly in opposition to Lincoln’s stance as was his insistence that Ex-Confederates must be punished.
2 Pages(500 words)Essay
Brief the dred scott v. sanford case and the raines v.byrd case
When this was refused him, he sued with the help of lawyers, claiming he was in a free state. The court reasoned the court didn’t have the authority to decide the matter, but decided to give an opinion anyway--that the authors of the constitution had not intended
3 Pages(750 words)Essay
Cause and effect essay on the Dred Scott decision
citizens. The court also held that the U.S. Congress had no authority to prohibit slavery in federal territories and that, because slaves were not citizens, they could not sue in court. Furthermore, the Supreme Court, in its decision written by Chief Justice Roger B.
4 Pages(1000 words)Essay
Cause and effect essay on the Dred Scott decision
After several attempts to seeking justice in a court of law, it was declared that they were legal slaves, who could not seek justice, while they were not in a free state. The court’s final ruling was that he could not get justice there
3 Pages(750 words)Essay
Dred Scott
Therefore, people of African descent such as Dred Scott could not sue the government for his freedom. As a person, Dred Scots was a slave who was first owned by Peter Blow in Missouri. He was then purchased by John
2 Pages(500 words)Essay
Let us find you another Essay on topic Dred Scott Case for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us