Dred Scott v. Sandford
- McKenzie Cooper
- Feb 27, 2018
- 2 min read
The Supreme Court case Dred Scott v. Sandford raised numerous questions about a slave's perceived "freedom." The facts of this case are that Dred Scott was a slave who was purchased in Missouri, and then brought to Illinois which was a free state. Where he resided was also in an area of the Louisiana Territory. In this territory, slavery was forbidden by the Missouri Compromise of 1820 (Oyez). After returning to Missouri, Scott sued the Missouri courts for his freedom, arguing that his residence in the Louisiana territory made him a free man. After this trial did not go as Scott had planned, it was brought to the Supreme Court. The issues surrounding this case include whether or not Dred Scott was a free slave. In contrast, Scott's master "maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution" (Oyez).
This case was controversial in the sense that it seemed as though Scott was free. Based on the facts of the case, it's apparent that he was living in a free state which would in turn make him a free man. Scott's master had made it clear that, based on the Constitution, Scott can not be considered a citizen, or a free man. This left the Supreme Court with a tough decision to make. However, the Supreme Court must make their decision based solely on legalities.
The decision of the Supreme Court was that Dred Scott was not a free man. They argued that only Congress could confer national citizenship, and that no individual who is a descendant of an African American is to be considered a citizen according to Article III (Oyez). Without understanding the law, it would seem as though Scott was in fact a citizen. Article III, however, completely disproves that idea. Chief Justice Robert Taney stated "'[slaves] can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States...'" (landmarkcases.org). As for Scott's argument concerning the Missouri compromise, the Supreme Court deemed it unconstitutional. Overall, the Supreme Court used the law to determine what they thought was most fitting for the ruling of this case.
Sources:
https://www.oyez.org/cases/1850-1900/60us393
Oyez is an extremely reliable source, it makes Supreme Court cases and rulings available online. It's a law project coming from from two prestigious universities - Cornell's Legal Information Institute (LII), as well as Chicago-Kent College of Law.
http://landmarkcases.org/en/landmark/cases/dred_scott_v_sandford
Landmarkcases is also a reliable source. On this website, similar to Oyez, one can find information surrounding prominent Supreme Court cases. It's sponsored by Supreme Court Historical Society.






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