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It seems that the private opinions of the extremely aged Chief Justice, Roger Taney, had a lot to do with it - perhaps more than they should have done.
Also the local judges had been able to exploit Scott's debatable status, as a slave who had been brought back from free soil into slave country, and had missed his chance to apply for his freedom in the normal way.
Answer
- Chief Justice Taney sided with the South, despite believing slavery was a "blot on our national character."
- Incoming President Buchanan pressured Taney to render a decision that would overturn the problematic Kansas-Nebraska Act.
- Both Taney and Buchanan wanted a legal, rather than political, solution that would end the battle in Congress.
- Taney believed the individual states should decide whether to allow slavery without the intrusion of the federal government.
- Taney did not believe the Framers of the Constitution considered slaves citizens.
- Taney believed informal policies like "once free, always free" deprived slave owners of their Fifth Amendment right to Due Process.
- The South was economically dependent on slavery.
Case Citation:
Dred Scott v. Sandford*, 60 US 393 (1857)
For more information, see Related Questions, below.
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What was the effect of the Supreme Court's decision in Loving v. Virginia
A constitutional amendment can overturn a supreme court decision?
The Supreme Courts job is to interpret and uphold the laws of today based on their knowledge of the constitution. They would not be able to decide anything directly violating the constitution, but they do have their own interpretation of what it says. Knowing this, it is possibly that the amendments could overturn their decision, although it is extremely unlikely that it would.
What doctrine that was based upon the United states supreme courts interpretation of the necessary and proper clause is?
enumerated
How can supreme court decisions be overthrown?
Court decisions can be overturned by higher courts, with the highest being the Supreme Court. Once the Supreme Court has issued a ruling, it can only be overturned by another Supreme Court ruling if the court agrees to hear that case or a similar case again. It is also possible for Congress to pass a law or constitutional amendment (with the help of the states, which must ratify any amendment), which can effectively overturn a Supreme Court decision by altering the law on which the decision was based.
How can a Supreme Court decision be changed through the process of judicial review?
A Supreme Court decision can be changed through the process of judicial review by having a lower court challenge the decision and appeal it to the Supreme Court. The Supreme Court can then review the case and potentially overturn its previous decision based on new arguments or evidence presented during the review process.
When the supreme court decides if the government's methods are fair it is based its decision on?
procedural due process
Why is Dred Scott not a citizen?
The Supreme Court ruled in the Dred Scott v. Sandford case that African Americans, whether free or enslaved, were not considered citizens of the United States. The decision was based on the belief that African Americans could not be citizens under the Constitution because they were not considered equal to white citizens.
Why would a defense lawyer argue about which case should be used for precedent?
Precedent reflects past cases that have been decided on, usually by the Federal or State Supreme Courts, whose decisions reflect some similarity to the defenses case. Based on the decision made the defense attorney can argue that the same decision applies to his/her case.
What years did the Dred Scott decision take place prior to the Civil War?
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.
Why did Dred Scott believe that he should be free?
Dred Scott believed he should be free because he had lived in free states and territories where slavery was illegal, which he argued should have conferred freedom upon him. He sued for his freedom based on the legal principle of once free, always free, but ultimately lost the case in a landmark Supreme Court decision.
The Court can be influenced by public opinion?
If the reference is to the Supreme Court being influenced by public opinion then technically the answer is no because the Supreme Court passes judgment based on law. If the reference is to lower courts, then the answer is yes because jury by trial is based upon public opinion.
What did the US Supreme Court Dred Scott decision say about slavery?
It was a legal dispute about the status of a slave who had lived on free soil for a time and then returned to slave country. The courts had never dealt with this question before, and that is how it reached the Supreme Court, where the Chief Justice made his controversial statements about slavery and blacks in general.
