The clause that said a man's property is sacred. The court judged that the Founding Fathers would have included slaves within their definition of 'property'.
The clause that declared that a man's property was sacred. The court decided that the Founding Fathers would have included slaves within their defintiion of property.
Dred Scott
The Dred Scott decision or Dred Scott v. Sandford, took place in 1857. His case was based on the fact that he and his wife Harriet Scott were slaves, but had lived in states and territories where slavery was illegal, including Illinois and Minnesota (which was then part of the Wisconsin Territory). Dred Scott lost the case when The United States Supreme Court ruled seven to two, on the grounds that he, nor any person of African ancestry, could claim citizenship in the United States, and that therefore Scott could not bring suit in federal court under diversity of citizenship rules.
Many people believed that in the Dred Scott decision rendered in 1857, was clearly the wrong decision. Critics of the Court cite that in Article IV, Section 2 the Constitution states that Congress has the power to make all needful laws regarding territory or property belonging to the US. The 1857 decision claimed that Congress had no right to pass laws or regulate slavery. And that slaves were property. This contradicts the US Constitution.
He denied freedom to Scott on the grounds that slavery was legal in every part of the USA, if you interpreted the Constitution as the Founding Fathers would have seen it. So when they declared that a man's property was sacred, they would have classified slaves as property.
The North was upset because the decision declared the Missouri Compromise to be unconstitutional. - Novanet
Dred Scott (circa 1799 - September 17, 1858) was a slave in the United Stateswho unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott Decision." The case was based on the fact that although he and his wife Harriet Scott were slaves, they had lived with his master, Dr. John Emerson, in states and territories where slavery was illegal according to both state laws and the Northwest Ordinance of 1787, including Illinois andMinnesota (which was then part of the Wisconsin Territory). The United States Supreme Court decided 7-2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenshiprules. Moreover, Scott's temporary residence outside Missouri did not bring about his emancipation under the Missouri Compromise, which the court ruled unconstitutional as it would improperly deprive Scott's owner of his legal property.
The North was upset because the decision declared the Missouri Compromise to be unconstitutional. - Novanet
The North was upset because the decision declared the Missouri Compromise to be unconstitutional. - Novanet
The North was upset because the decision declared the Missouri Compromise to be unconstitutional. - Novanet
Dred Scott lived with Dr. Emerson at a military post in Rock Island, Illinois, in 1834. He also lived in the federal territory of Fort Snelling (now part of Minnesota), which prohibited slavery per the Missouri Compromise of 1820, as well the unincorporated federal Wisconsin Territories, which prohibited slavery per the Northwest Ordinance.
The most significant part of the US Supreme Court's ruling on the Dred Scott case was actually two-fold. The Court by a 7-2 decision ruled that slavery was legal and that Blacks could never be US citizens because they were not white. Their race made it impossible for them to be US citizens.