Black History Month Fact #10

Case Study: Dred Scott

Scenario: On March 6, 1857, the U.S. Supreme Court handed down its decision in Scott v. Sanford.  During the 1830s, the owner of a slave named Dred Scott had taken him from the slave state of Missouri to the Wisconsin territory and Illinois, where slavery was outlawed, according to the terms of the Missouri Compromise of 1820.  Upon his return to Missouri, Scott sued for his freedom on the basis that his temporary removal to free soil had made him legally free. The case went to the Supreme Court.  Chief Justice Roger B. Taney and the majority eventually ruled that Scott was a slave and not a citizen, and had no legal rights to sue. According to the Court, Congress had no constitutional power to deprive persons of their property rights when dealing with slaves in the territories. The verdict effectively declared the Missouri Compromise unconstitutional, ruling that all territories were open to slavery and could exclude it only when they became states.

Because of cases like these you can clearly see how social views shape the legal system in our country.