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Dred Scott Decision

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by

Christene Stratman

on 18 November 2015

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Transcript of Dred Scott Decision

Dred Scott Decision
The Ruling that shook the nation
Dred Scott's case
Facts:
Case goes before the Supreme Court
Court is dominated by Southerners
3 Questions
1: Does the Court have jurisdiction to hear the case?
Question 1
Does the court have jurisdiction? (Does Scott have the right to sue)

Dred Scott was a slave of Mr. Emerson
Mr. Emerson brought Scott to free territories for a extended period of time
Is Scott Free?
Missouri lower courts said YES!
Precedent was on Scott's side
Times are not now as they were when the former decisions on this subject were made. Since then not only individuals but States have been possessed with a dark and fell spirit in relation to slavery, whose gratification is sought in the pursuit of measures, whose inevitable consequences must be the overthrow and destruction of our government.
Missouri Chief Justice William Scott
President Buchanan is pressuring court to rule on slave question
2: Did Congress have right to make Missouri Comp. & prohibit slavery?
3: Does living in a free state make Scott free?
Question 2
Was Missouri comp. constitutional?
Congress cannot prohibit slavery.
Power isn't in Const.
Against 5th amendment
Obiter Dictum
This is unnecessary!
Question 3
Is Scott free?
No. They defer to Missouri
Again...
Unnecessary!
Reaction:
Economic Panic
Drives N. & S. further apart
Evidence of a Slave Power Conspiracy
Buchanan thought that a ruling from the Supreme Court would settle the slave question. It only made it worse.
But what would the Missouri Supreme Court say?
The Missouri Supreme Court overturned the previous decision!

Why?
Full transcript