Historical and Contemporary Perspectives on Race and Law
Author: David Thomas Konig,Paul Finkelman,Christopher Alan Bracey
Publisher: Ohio University Press
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom. Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff
Author: Jason Skog,Gregg Ivers,Katie Van Sluys
Category: Juvenile Nonfiction
Describes the history and legacy of the Supreme Court's decision regarding the lawsuit filed by the slave Dred Scott.
Jacksonian Jurisprudence and the Supreme Court, 1837-1857
Author: Austin Allen
Publisher: University of Georgia Press
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order—all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
The Dred Scott Case in Historical Perspective
Author: Don Edward Fehrenbacher
Publisher: Oxford University Press on Demand
This is an abridgement of the Pulitzer-Prize winning The Dred Scott Case, making Fehrenbacher's monumental work available to a wider audience. Although it condenses the original by half, all the chapters and major themes of the larger work have been retained, providing a masterful review of the issues before America on the eve of the Civil War.
slavery and the Supreme Court's self-inflicted wound
Author: Frank Brown Latham
Relates the background of the Dred Scott case, describes the roles of the principal individuals involved, and discusses the immediate and far reaching effects of this controversial Supreme Court decision.
Slavery and Citizenship, Revised Edition
Author: D.J. Herda
Publisher: Enslow Publishers, Inc.
Category: Juvenile Nonfiction
Slave or citizen? This was the key question that Dred Scott brought to the United States Supreme Court in May of 1857. Author D. J. Herda examines the ideas and arguments behind this landmark case. Presented in a lively, thought-provoking overview, Herda brings to life the people, the case, and the fateful decision that upheld the legality of slavery.
Slavery and Citizenship
Author: Enslow Publishing, LLC
Publisher: Enslow Publishers, Inc.
Category: Juvenile Nonfiction
Slave or citizen? This was the key question that Dred Scott brought to the United States Supreme Court in May of 1857. Author D. J. Herda examines the ideas and arguments behind this landmark case. Presented in a lively, thought-provoking overview, Herda brings into sharp focus the people, the case, and the fateful decision that upheld the legality of slavery.
The Dred Scott Case
Author: D. J. Herda
Publisher: Enslow Publishing, LLC
Category: Juvenile Nonfiction
In 1857, a slave sued for his freedom and lost. Readers will take an in-depth look at what some call the worst Supreme Court decision in history. The author also looks at the aftermath of the case, including the Civil War, and the great changes in the United States on the issue of slavery. Also included are questions to consider, primary source documents, and a chronology of the case.
Author: Cory Gunderson
Publisher: ABDO Publishing Company
Category: Juvenile Nonfiction
Details the various trials of the Dred Scott case and discusses its impact on the issue of slave rights.
The Life of Dred Scott and the Dred Scott Decision
Author: Charles River Charles River Editors
Publisher: Createspace Independent Publishing Platform
*Includes the full text of the Dred Scott decision and every opinion written by the Supreme Court justices. *Analyzes the Dred Scott decision and its impact on future civil rights cases. *Includes pictures of important people, places, and events. "The question is simply this: 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, guarantied by that instrument to the citizen? " - Dred Scott v. Sanford Dred Scott was an unlikely candidate to become the impetus and rallying cry of a brand new political party in the mid-19th century. Born into slavery in Virginia as Sam Scott, the young slave took the name of his older brother Dred after Dred's death, and he moved throughout Southern slave states as property of the Blow family until he was sold to U.S. Army doctor John Emerson in St. Louis, Missouri. Emerson's commission in the Army eventually brought him to the Wisconsin Territory in 1836, which was north of the line established by the Missouri Compromise of 1820 and was thus free territory where slavery was illegal. Naturally, Emerson brought his slaves along with him, and Dred Scott thus lived for an extended period of time in free territory, his slave status being a violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act. By 1840, Dred Scott had married another slave of Emerson's named Harriet, and the couple had a child. Desperate to shake off the yoke of slavery but unable to buy his family's freedom, Scott sued for his freedom in Missouri, arguing that once he had entered free territory he could no longer be a slave. Scott's case made its way through the court system, and when the Missouri Supreme Court struck down a lower court ruling in Scott's favor, Scott and his lawyers appealed to the United States Supreme Court. What followed was the 19th century's most important and far-reaching case. In Dred Scott v. Sandford (1857), the Supreme Court ruled 7-2 against Scott and Chief Justice Roger Taney wrote what is widely considered the most notorious opinion in American jurisprudence. The Court held that it lacked jurisdiction to hear the case because slaves and their descendants were not and could not be citizens of the United States because the Constitution never intended for them to be citizens. Thus, Scott had no standing to bring a case in court to begin with. Since every black person in the country had presumably come as a result of the slave trade or was the descendant of a slave, the Court essentially ruled that blacks could not be American citizens. Additionally, the Court opined that Congress could not prohibit slavery in federal territories, had no authority to prohibit slavery in federal territories. Taney hoped the case would help settle the growing political tension over the issue of slavery, but it had the opposite effect of becoming a springboard for Republicans and Abraham Lincoln. Though Scott and his family were set free just months after the case, he would die less than two years after being part of one of America's seminal cases. American Legends: The Life of Dred Scott and the Dred Scott Decision looks at the life of one of the most famous slaves in American history and the plaintiff in one of its most famous cases, but it also humanizes the man whose yearning for freedom shaped the destiny of a nation. Along with pictures of important people, places, and events, you will learn about Dred Scott and the Dred Scott Decision like you never have before.
Author: Ethan Greenberg
Publisher: Lexington Books
Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the majority regarded as a noble and crucial political agenda_in this case, to protect slavery and the political power of the slave-holding South, and thereby preserve the Union.
Author: Roger Brooke Taney,Israel Washburn,Horace Gray
Publisher: Sagwan Press
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A Legal History of Race and Freedom in America
Author: Andrew P. Napolitano
Publisher: Thomas Nelson
Racial hatred is one of the ugliest of human emotions. And the United States not only once condoned it, it also mandated it?wove it right into the fabric of American jurisprudence. Federal and state governments legally suspended the free will of blacks for 150 years and then denied blacks equal protection of the law for another 150. How did such crimes happen in America? How were the laws of the land, even the Constitution itself, twisted into repressive and oppressive legislation that denied people their inalienable rights? Taking the Dred Scott case of 1957 as his shocking center, Judge Andrew P. Napolitano tells the story of how it happened and, through it, builds a damning case against American statesmen from Lincoln to Wilson, from FDR to JFK. Born a slave in Virginia, Dred Scott sued for freedom based on the fact that he had lived in states and territories where slavery was illegal. The U.S. Supreme Court ruled against Scott, denied citizenship to blacks, and spawned more than a century of government-sponsored maltreatment that destroyed lives, suppressed freedom, and scarred our culture. Dred Scott's Revenge is the story of America's long struggle to provide a new context?one in which "All men are created equal," and government really treats them so.
Suing for Freedom before Dred Scott
Author: Lea VanderVelde
Publisher: Oxford University Press
The Dred Scott case is the most notorious example of slaves suing for freedom. Most examinations of the case focus on its notorious verdict, and the repercussions that the decision set off-especially the worsening of the sectional crisis that would eventually lead to the Civil War-were extreme. In conventional assessment, a slave losing a lawsuit against his master seems unremarkable. But in fact, that case was just one of many freedom suits brought by slaves in the antebellum period; an example of slaves working within the confines of the U.S. legal system (and defying their masters in the process) in an attempt to win the ultimate prize: their freedom. And until Dred Scott, the St. Louis courts adhered to the rule of law to serve justice by recognizing the legal rights of the least well-off. For over a decade, legal scholar Lea VanderVelde has been building and examining a collection of more than 300 newly discovered freedom suits in St. Louis. In Redemption Songs, VanderVelde describes twelve of these never-before analyzed cases in close detail. Through these remarkable accounts, she takes readers beyond the narrative of the Dred Scott case to weave a diverse tapestry of freedom suits and slave lives on the frontier. By grounding this research in St. Louis, a city defined by the Antebellum frontier, VanderVelde reveals the unique circumstances surrounding the institution of slavery in westward expansion. Her investigation shows the enormous degree of variation among the individual litigants in the lives that lead to their decision to file suit for freedom. Although Dred Scott's loss is the most widely remembered, over 100 of the 300 St. Louis cases that went to court resulted in the plaintiff's emancipation. Beyond the successful outcomes, the very existence of these freedom suits helped to reshape the parameters of American slavery in the nation's expansion. Thanks to VanderVelde's thorough and original research, we can hear for the first time the vivid stories of a seemingly powerless group who chose to use a legal system that was so often arrayed against them in their fight for freedom from slavery.
The Pursuit of Freedom
Author: Tim McNeese
Publisher: Infobase Publishing
On March 6, 1857, the United States Supreme Court ruled on a case that would decide the fate of a slave named Dred Scott. For 11 years, Scott waited to hear if he would be granted his freedom as his case wound its way through the courts of Missouri and New York. Instead, the Court's decision would rock the American landscape, causing a further split in the already fragile relationship between North and South. Distilling a breadth of material, and supplemented with photographs, sidebars, a chronology, timeline, and more, Dred Scott v. Sandford traces Scott's suit through the U.S. judicial system. History professor Tim McNeese gives readers a clear understanding of the infamous Supreme Court decision in which all blacks, free and slave, were denied U.S. citizenship.
Author: Andreas Georg Hilzensauer
Publisher: BoD – Books on Demand
Studienarbeit aus dem Jahr 1998 im Fachbereich Geschichte - Amerika, Note: Gut, Universitat Wien (Neuzeit Geschichte), Veranstaltung: Proseminar Neuzeit, Sprache: Deutsch, Abstract: In meiner folgenden Arbeit mochte ich, ausgehend vom Buch The Dred Scott Case" vom Pulitzerpreistrager Don E. Fehrenbacher den Gerichtsfall Dred Scott vs. Sandford behandeln, von dem der amerikanische Prasident Abraham Lincoln einst sagte, er sei an astonisher in legal history" gewesen. Gleichzeitig mochte ich, neben dem eigentlichen Gerichtsverfahren vor dem Supreme Court, dessen Vorgeschichte" (= Dred Scott vs. Emerson), aber auch die Reaktionen zu diesem Urteil naher beleuchten.