Dred Scott was a slave in Missouri. He sued unsuccessfully in the Missouri courts for his freedom. His master maintained that no pure-blooded Negro of African descent could be a citizen.
Dred Scott was a slave in Missouri. He sued unsuccessfully in the Missouri courts for his freedom. His master maintained that no pure-blooded Negro of African descent could be a citizen.
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Dred Scott was a slave in Missouri. He sued unsuccessfully in the Missouri courts for his freedom. His master maintained that no pure-blooded Negro of African descent could be a citizen.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as PPT, PDF, TXT or read online from Scribd
Opinion: 60 U.S 393 (1857) Jamesha Williams Case Facts • Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution. Questions Raised • Was Dred Scott free or a slave? • Under the law, were slaves to be considered “persons” or property? • Could congress decide whether slavery would be banned from certain territories? Conclusion Opinions • Dred Scott was a slave. Under Articles III and IV, argued Taney, no one but a citizen of the United States could be a citizen of a state, and that only Congress could confer national citizenship. Taney reached the conclusion that no person descended from an American slave had ever been a citizen for Article III purposes. The Court then held the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all. QUESTIONS/ AMENDMENTS RIGHTS/ LIBERTIES CONCLUSIONS Was Dred Scott free or a slave? Under Articles III and IV Dred Scott didn’t have the same The citizens of each state shall be rights entitled to all privileges and immunities of citizens in the several states.
Under the law, were slaves to Sectionfrom
2 of Article I states that apart U.S supreme courts say slaves are free persons "all other property and have no right to sue. be considered “persons” or persons," are each to be counted as three-fifths of a white person property?
Could congress decide no person could "be deprived of
whether slavery would be Amendment 5 life, liberty, or property, without banned from certain due process of law." territories? Can a negro, whose ancestors were The citizens of each state shall imported into this country, and sold as slaves, become a member of the be entitled to all privileges and political community and as such Section 2. immunities of citizens in the several states. become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen?
Joseph Silverman v. National Labor Relations Board and Samuel M. Kaynard, Director, National Labor Relations Board Regional Office No. 29, 543 F.2d 428, 2d Cir. (1976)