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Dive into the Dred Scott case, understanding its effects on slavery, citizenship, and constitutional rights. Analyze the background, implications, and dissenting views of this critical Supreme Court decision.
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ROGER TANEY, CHIEF JUSTICE OF SUPREME COURT Aim #36: Why would compromise no longer work following the decision in Dred Scott v. Sanford? Did you say “Dread” Scott or Dred Scott? Don’t hate me because I’m beautiful DRED SCOTT Do now! In your notes, copy down the aim and answer the questions on the “Pro-Slavery Association of Clay County” handout
(I) BACKGROUND TO CASE • Scott was born into slavery • Scott claimed that since he had lived for 10 years in both a free state (Illinois) and a free territory (Wisconsin) he was a free man • Owner claimed Scott lacked standing to sue, as he was not a citizen of the US Court had to decide: 1. did Scott have standing to sue? 2. Were blacks entitled to rights as citizens? 3. Could Congress restrict the rights of states to decide if they would be slave or free? Read the majority opinion by Taney and Dissent and answer questions
(II) EFFECTS OF THE DECISION • Blacks were not citizens of the US, so didn’t have right to sue in court (whether slave or free) • Slaves couldn’t be taken away from owners without due process of law • Federal government had no right to regulate slavery in the territories d. the Court declared that the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property. Amendment V “…no person shall be deprived of life, liberty, or PROPERTY, without due process of law; nor shall private property be taken for public use, without just compensation”
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