Tuesday, November 20, 2012

LAD #18

 
Justice Nelson was originally designated as the writer for the case Scott v. Sanford, but it became clear that his verdict was based soley on his own opinions and biases. His responsibility passed to Justice Taney. Before a decision was reached, President-elect James Buchanon contacted his supporters in the Supreme Court and tried to learn of the verdict of the Scott v. Sanford case. He wanted to speak of it in his inaugural address. By the time he had to deliver it, he knew what the decision was, and openly supported the Supreme Court ruling "whatever it may be." Chief Justice Roger. B Taney's decision in regards to the case Scott v. Sanford rendered the Missouri Compromise unconstitutional and further established that slaves were property.  The case was actually dismissed by Taney at the Supreme Court level for lacking jurisdiction. Dred Scott, who was essentially suing for his freedom, was denied the "privlege of suing in a court of the United States" because he was not an American citizen. This would be a huge blow to the abolitionist movement because it provided a legal excuse for racial inequality. After coming to this must awaited conclusion, Taney analyzed the Missouri Compromise. It was found unconstitutional because it restricted American freedoms designated by the Bill of Rights, namely freedom of speech and the right of slaveholders to their right to property in all states. For this reason, a state's slavery policy would have to be determined by popular sovereignty. Taney also decided that a slave who spent time in a free state was still the property of his master. This lawsuit, which was intended to bring about more equality, was actually a step backward in the anti-slavery movement.

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