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The US Supreme Court, after years of lower court decisions, finally was presented with the Dredd Scott Case. This situation began in the 1830's. In 1857, the Court ruled against Dredd Scott, a slave that had sued for his freedom after his "owner" had died. The Chief Justice in 1857 was Roger B. Taney, a man from Maryland who was first appointed to the Court in 1836 by President Andrew Jackson.The Court rendered its decision on the Dredd Scott case and Chief Justice Taney wrote the majority decision. The ruling was by a 5 to 2 margin. The Court's decision was focused on two issues. One was this: Was Dredd Scott a US citizen and if so had the right to bring a law suit claiming his freedom. Clearly a slave was not a citizen. Scott's attorney's argued that he was a resident of Illinois and the Wisconsin Territory and thus he was a free man and a citizen with the right to sue.

Apparently, the Court was now having to face a second important question. This became a firestorm when it answered the following question: Did the US Congress, or any entity have the right to prohibit slavery in the territories?

If not, then Scott would neither be free nor a US citizen.

The Court's ruling was as follows:

According to the majority decision, Scott was not a citizen, not only because he was a slave, but also he was Black. Even if he had been free, Scott lacked the ability to sue because of his race.

By this decision, the Court proclaimed that only White people could be citizens and had the right to sue. Thus the answer to the original question was answered by the Court.

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