The Dred Scott Decision 2
The Dred Scott decision dealt a serious blow to the antislavery forces that hoped to keep slavery out of the Northern territories, particularly to Senator Stephen A. Douglas's doctrine of popular sovereignty, and also declared that no slave, nor descendant of a slave, could be a U.S. citizen. As a non-citizen, the court stated, Scott did not have rights, could not sue in a Federal Court, and must remain a slave. The decision also had a major effect in widening the political and social gap between North and South, and brought the nation closer to the brink of Civil War. The South rejoiced, and thus felt relief and vindication, for at last the "Southern opinion upon the subject of Southern slavery...is now the supreme law of the land." The abolitionists in the North were outraged. The uproar against the decision helped rather than hurt the antislavery cause and contributed to the Republican victory in the 1860 presidential election. The Supreme Court hoped the decision would end the controversy about the extension of slavery into the new territories. Instead, it just fanned the flames of abolitionism. In 1857, Taney wrote the court's decision and knocked the antislavery factions on their heels. First, the court rul
ed that no black man, free or slave, was a U.S. citizen or had ever been a citizen. Therefore, a black man had no right to sue in a federal court and, for that matter, "Had no rights which a white man was bound to respect." Next, the court ruled that Congress never had the right to ban slavery in territories because the Constitution protected people from being deprived of life, liberty, or property. According to Chief Justice Taney, Congress had no power to forbid slavery in the colonies for two reasons: 1) the Constitution gave it only very limited power to legislate for the territories, and 2) slaves were property, and property owners were protected due to the 5th Amendment of the Constitution. Slaves, like goats or cows, were now seen as property and could be taken anywhere in U.S. jurisdiction. In conclusion, the Dred Scott decision from the Supreme Court had a drastic effect on the status of slaves, the concept of popular sovereignty, and the future of slavery. Free blacks, as well as slaves, were now recognized as property. Popular sovereignty was deserted. The future of slavery in America at first, seemed as if it were going to remain an institution, but as time passed, it would be prohibited in the United States. Overall, the Dred Scott decision added fuel to the bitter sectional controversy, thus widening the political
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Approximate Word count = 910
Approximate Pages = 4 (250 words per page double spaced)
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