The Dred Scott Decision-
There have been several cases in the history of the Supreme Court that have had a powerful impact on both the highest court of the land and the history of the United States. The Dred Scott decision can definitely be included in this category of monumental cases that changed the course of American history. Until this decision the Supreme Court had a flawless reputation. Its prestige and credibility were beyond reproach. This high regard for the Supreme Court made people on both sides of the slavery issue turn to it in the hope that what could not be resolved in the political world could be solved in the legal world by the highest court of the land. But this was really expecting too much of judicial power. The major error associated with this case was the misguided belief that a flaming political problem,slavery, could become manageable by calling it a legal problem and handing it over to the courts to resolve. In the Dred Scott case the decision was based on "expediency not principle." The big problem was trying to use judicial power to settle a major political problem. Although the Dred Scott decision may have been the result of a trial , in reality it was a case of the
territories without judicial restraint. These two things helped the to Dr. Emerson, an army surgeon. He and Scott traveled through fact that Congress could prohibit slavery in the territories. After a could not become citizens? The whole country realized that this was In l86l-1862, two very important things happened: Abraham Kutler, Stanley,I. The Dred Scott Decision, Law or Politics? Boston: the North prevailed. This war marked the end of slavery, but was one power to "make all needful Rules and Regulations respecting the of Congress to prohibit slavery in the territories. The House did not you want. The judges wanted to use the law to promote the view of the even after his death. Other cases received similar verdicts and were After Dr. Emerson died, Scott became the property of Mrs. Emerson.
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Approximate Word count = 2291
Approximate Pages = 9 (250 words per page double spaced)
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