Essay on Dred Scott V Sandford
Dred Scott V Sandford Term Papers
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The Establishment and Exercise of Judicial Review
Dred Scott v. Sandford
19 Howard (60 U.S.) 393, 15 L. Ed. 691 (1857)
Vote: 7-2
Issue: Can a Negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution.
Facts: Dred Scott was a slave belonging to a surgeon in the U.S. Army. His master took him into territories in which slavery was forbidden by the Missouri Compromise of 1820. Several years after his return to Missouri, Dred Scott brought suit in federal court to obtain his freedom, arguing that his temporary residence in a free territory had abolished his servitude. After an adverse ruling in the lower court, Scott took the case to the Supreme Court on a writ of error.
Supreme Court Decision: Judgment of lower court affirmed. The Court thinks the affirmative of propositions cannot be maintained. And if not, the plaintiff in error could not be a citizen of the State of Missouri, within the meaning of the Constitution of the United States, and, consequently, was not entitled to sue in its courts. Wilde Sound In Franz Fanon: Black Sk Who
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