Scott Vs Stanford

11 Pages 2769 Words

The Dredd Scott Decision

INTRODUCTION United States Supreme Court case Scott v. Sanford (1857), commonly known as the Dred Scott Case, is probably the most famous case of the nineteenth century (with the exception possibly of Marbury v. Madison). It is one of only four cases in U. S. history that has ever been overturned by a Constitutional amendment (overturned by the 13th and 14th Amendments). It is also, along with Marbury, one of only two cases prior to the Civil War that declared a federal law unconstitutional. This case may have also been one of the most, if not the most, controversial case in American history, due simply to the fact that it dealt an explosive opinion on an issue already prepared to erupt - slavery. Thus, many scholars assert that the Dred Scott case may have almost single-handedly ignited the ever growing slavery issue into violence, culminating ultimately into the American Civil War. It effectively brought many abolitionists and anti-slavery proponents, particularly in the Nor!
th, "over the edge". BACKGROUND Dred Scott was a slave born in Virginia who early in life moved with his owner to St. Louis, Missouri. At this time, due to the Missouri Compromise of 1820, Missouri was added as a slave state, but no state may allow slavery if that state falls above the 36 degree 30 minute latitudinal line. Later, in 1854 under the Kansas-Nebraska Act, states were allowed to vote on whether they will allow slavery or not, known commonly as popular sovereignty. In St. Louis, Scott was sold to an army surgeon named Dr. John Emerson in 1833. A year later, Emerson, on a tour of duty, took Scott, his slave, to Illinois, a free state. In 1836, Emerson's military career then took the both of them to the free Wisconsin territory known today as Minnesota. Both of these states, it is important to recognize, where both free states and both above the 36 degree 30 m...