DP10 - DRED SCOTT V. SANDFORD (1857)
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Questions and Answers

In the Dred Scott case, what was the initial location where the case began?

  • Kansas
  • New York
  • Illinois
  • Missouri (correct)

What legal mechanism under the Judiciary Act of 1789 allows appealing a state ruling to the Supreme Court?

  • Writ of Habeas Corpus
  • Writ of Mandamus
  • Writ of Error (correct)
  • Writ of Certiorari

What precedent had the Supreme Court already enacted regarding slave transit and state jurisdiction?

  • Marbury v. Madison
  • Prigg v. Pennsylvania
  • Strader v. Graham (correct)
  • Gibbons v. Ogden

Who was the owner of Dred Scott who later remarried?

<p>Irene Emerson (C)</p> Signup and view all the answers

To whom did Irene Emerson transfer ownership of her enslaved people?

<p>John Sanford (D)</p> Signup and view all the answers

What political party was John Chaffee associated with, making his wife's slave ownership embarrassing?

<p>Republican Party (B)</p> Signup and view all the answers

What was central issue regarding people staying in free territory?

<p>Creating freedom claims (B)</p> Signup and view all the answers

What type of case was Scott v. Emerson initially?

<p>About freedom (C)</p> Signup and view all the answers

What was one of the main arguments made by Lincoln's allies regarding the Supreme Court's decision?

<p>The Supreme Court was exceeding its proper role. (A)</p> Signup and view all the answers

What is one of the modern legal lessons derived from the Dred Scott case?

<p>The problem of race and deeply embedded racist ideas in American law. (D)</p> Signup and view all the answers

What specific action by the Supreme Court in the Dred Scott case is mentioned as an issue that conservatives used to criticize?

<p>Intervening in a political issue by shooting down the Missouri Compromise. (C)</p> Signup and view all the answers

Who spoke for the court in the Dred Scott case?

<p>Roger Taney (B)</p> Signup and view all the answers

What is the significance of the Dred Scott case in the context of legal education?

<p>It serves as a touchstone for many lessons in American legal history. (D)</p> Signup and view all the answers

What was the general stance of federal courts regarding slavery, according to the speaker?

<p>Federal courts were largely pro-slavery. (A)</p> Signup and view all the answers

How many judges dissented in the Dred Scott case?

<p>Two (D)</p> Signup and view all the answers

What was characteristic of anti-slavery sentiment at the time of the Constitutional Convention?

<p>It was weak, ineffective, and often locally focused. (D)</p> Signup and view all the answers

Who argued that blacks were citizens at the founding of the United States?

<p>Benjamin Curtis (D)</p> Signup and view all the answers

Which political party did Stephen Douglas represent in his debates with Abraham Lincoln?

<p>Democratic Party (D)</p> Signup and view all the answers

Which states' delegates are specifically mentioned as being an organized interest focused on protecting slavery?

<p>South Carolina and Georgia (B)</p> Signup and view all the answers

What specific goals did the pro-slavery delegates have during the Constitutional Convention?

<p>To ensure the slave trade remained open and to secure provisions for the apprehension of fugitive slaves. (A)</p> Signup and view all the answers

In what year did the debates between Abraham Lincoln and Stephen Douglas take place?

<p>1858 (C)</p> Signup and view all the answers

What office were Lincoln and Douglas debating for?

<p>A seat in the Senate (B)</p> Signup and view all the answers

What is one of the reasons why pro-slavery interests were able to protect slavery effectively at the national level?

<p>They were well-organized and strategically effective. (A)</p> Signup and view all the answers

According to the speaker, what is the key characteristic of the anti-slavery movement in the revolutionary period?

<p>Its local focus and lack of coordination. (A)</p> Signup and view all the answers

What did Douglas argue was the final authority on Constitutional matters?

<p>The Supreme Court (B)</p> Signup and view all the answers

Who is mentioned as one of the people whose work has contributed to the understanding of a genuine anti-slavery movement?

<p>Paul Hogan (A)</p> Signup and view all the answers

What was the Missouri Compromise?

<p>Legislation that regulated slavery in western territories (B)</p> Signup and view all the answers

What factor allowed pro-slavery forces to effectively protect slavery on a national level?

<p>Coordination in Congress. (A)</p> Signup and view all the answers

What does Lincoln argue about the Dred Scott decision?

<p>It only applied to Dred Scott himself. (A)</p> Signup and view all the answers

What was a primary concern for pro-slavery delegates at the Constitutional Convention?

<p>Protecting slavery and the slave trade. (A)</p> Signup and view all the answers

What happened to Dred Scott after the Supreme Court ruling, according to Lincoln?

<p>He was purchased and then set free. (C)</p> Signup and view all the answers

What is 'dicta' in the context of court rulings?

<p>Arguments the court makes that are not germane to the question. (D)</p> Signup and view all the answers

What did the speaker suggest about the anti-slavery individuals present at the Constitutional Convention?

<p>They lacked organization and strategy. (B)</p> Signup and view all the answers

The speaker mentions that in the Constitutional Convention, the pro-slavery delegates from South Carolina and Georgia acted as what?

<p>An organized interest. (C)</p> Signup and view all the answers

Through what jurisdiction did the Dred Scott case come up to the Supreme Court?

<p>Diversity jurisdiction (C)</p> Signup and view all the answers

Justice Curtis resigned from the Supreme Court after the Dred Scott decision due to

<p>Disagreement with the majority opinion and a falling out with Taney (A)</p> Signup and view all the answers

What did the speaker find when reviewing manuscripts from the Taney court?

<p>Major revisions to opinions were actually quite rare (D)</p> Signup and view all the answers

What was a significant point of contention in the Dred Scott case?

<p>Whether the Supreme Court or Congress decides constitutionality (A)</p> Signup and view all the answers

What right, enshrined in the First Amendment, was violated by Congress's handling of anti-slavery petitions?

<p>Right to petition (A)</p> Signup and view all the answers

What action did postmasters take regarding anti-slavery literature?

<p>Publicly burned the mailings (D)</p> Signup and view all the answers

Who were often behind the mob attacks on abolitionist speakers?

<p>Community elites (A)</p> Signup and view all the answers

What impact did the suppression of abolitionist rights have?

<p>Increased power of the government and its capacity to violate individual rights. (B)</p> Signup and view all the answers

Abolitionists made up approximately what percentage of the Northern population?

<p>1% (B)</p> Signup and view all the answers

What was a key issue regarding Dred Scott's citizenship?

<p>Whether blacks could be considered federal citizens (D)</p> Signup and view all the answers

What did free black communities do in response to discriminatory laws?

<p>Organized and pushed back against Black Codes (C)</p> Signup and view all the answers

What rights did free black communities claim as citizens?

<p>Rights to own property, make livelihoods, and associate. (B)</p> Signup and view all the answers

What is 'diversity jurisdiction'?

<p>When opposing parties in a lawsuit are citizens of different states (C)</p> Signup and view all the answers

In what city did the free black community claim citizenship to access passports?

<p>Baltimore (C)</p> Signup and view all the answers

Who ultimately wrote the majority opinion in the Dred Scott case?

<p>Tawney (B)</p> Signup and view all the answers

What was the Supreme Court's ruling regarding the Missouri Compromise?

<p>It was unconstitutional. (D)</p> Signup and view all the answers

What is the name of the laws that free black communities in states like Ohio and Illinois pushed back against?

<p>Black Codes (A)</p> Signup and view all the answers

According to the Supreme Court's decision, why was the Missouri Compromise unconstitutional?

<p>It violated the Fifth Amendment. (B)</p> Signup and view all the answers

What political party eventually accepted the arguments about African-Americans being citizens?

<p>Republican Party (A)</p> Signup and view all the answers

What was the significance of Scott v. Emerson?

<p>It reversed previous rulings that would have freed Scott. (A)</p> Signup and view all the answers

The arguments about citizenship and African-Americans being citizens developed through what?

<p>Popular activism (C)</p> Signup and view all the answers

What issue did the treatment of abolitionists highlight regarding minority rights?

<p>What to do about the rights of minorities when the majority is against them. (A)</p> Signup and view all the answers

What does it mean for the Supreme Court to 'punt' on a case?

<p>To avoid making a ruling on a key issue (B)</p> Signup and view all the answers

Prior to the Dred Scott decision, what did the Supreme Court say about state court decisions?

<p>They are evidence of the common law, but not binding. (C)</p> Signup and view all the answers

What other group besides African-Americans began pushing for the expansion of rights?

<p>Women (B)</p> Signup and view all the answers

What was the central platform of the Republican Party at the time of the Dred Scott decision?

<p>Banning the expansion of slavery (A)</p> Signup and view all the answers

What were the laws called that enforced segregation and discrimination?

<p>Black Codes (B)</p> Signup and view all the answers

In the context of this content, what was the main way political movement happened?

<p>Involving people that were formerly excluded from the political system (A)</p> Signup and view all the answers

What was the initial basis for Dred Scott bringing his case to federal court?

<p>His claim of citizenship in Missouri (D)</p> Signup and view all the answers

What was the argument used to justify that Black people were not citizens?

<p>They were always feared and despised and never treated as equals. (D)</p> Signup and view all the answers

For cases in diversity jurisdiction, what type of law is being used?

<p>State common law (C)</p> Signup and view all the answers

The taking of an enslaved person would be in violation of which amendment?

<p>Fifth Amendment (C)</p> Signup and view all the answers

What was the position of the pro-slavery and anti-slavery judges?

<p>They wanted to write bigger opinions. (C)</p> Signup and view all the answers

What was the question of whether the court was bound by?

<p>Strader (D)</p> Signup and view all the answers

During the antebellum period, opposition to slavery primarily originated from:

<p>Outside the established political system (C)</p> Signup and view all the answers

Who is mentioned as a key figure in the anti-slavery movement?

<p>Simon Chase (C)</p> Signup and view all the answers

In what state did Salmon P. Chase practice law and become involved in politics?

<p>Ohio (A)</p> Signup and view all the answers

Which political party was Salmon P. Chase initially affiliated with?

<p>Democratic Party (B)</p> Signup and view all the answers

What legal principle did Chase invoke in his defense of fugitive slaves?

<p>Somerset Principle (D)</p> Signup and view all the answers

What argument did Chase make regarding the intentions of the framers of the Constitution?

<p>The framers intended for slavery to fade out (A)</p> Signup and view all the answers

What was Chase's stance on the Fugitive Slave Law?

<p>He argued against its constitutionality (A)</p> Signup and view all the answers

What was the Supreme Court's position on the Fugitive Slave Law during the time Chase was arguing against it?

<p>The Supreme Court upheld its constitutionality (A)</p> Signup and view all the answers

What did anti-slavery political parties advocate regarding the expansion of the United States?

<p>Expansion of freedom into new territories (D)</p> Signup and view all the answers

Which political party is mentioned as opposing the expansion of slavery?

<p>Liberty Party (A)</p> Signup and view all the answers

What was the main goal of the anti-slavery political parties?

<p>To end slavery (A)</p> Signup and view all the answers

What concept did anti-slavery advocates promote?

<p>Freedom National (B)</p> Signup and view all the answers

What did anti-slavery advocates send to Congress to demonstrate their opposition to slavery?

<p>Petitions (D)</p> Signup and view all the answers

What specific action did Congress take in response to anti-slavery petitions?

<p>Created a rule to limit discussion of the petitions (D)</p> Signup and view all the answers

What transformation occurred in American constitutionalism after the Civil War?

<p>It shifted toward emancipation and ending slavery (B)</p> Signup and view all the answers

Flashcards

Who was Dred Scott?

Dred Scott was enslaved and sought freedom through the courts.

Scott v. Emerson

The initial case for Dred Scott's freedom, beginning in Missouri.

Ruling in Scott v. Emerson

The Missouri Supreme Court ruled against honoring freedom claims based on stays in free territory.

Writ of Error

A legal process to appeal a state court decision to the Supreme Court.

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Strader v. Graham Precedent

States decide the status of individuals. Federal government won't intervene in slave 'transit' cases.

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Sanford's Role

Irene Emerson transferred ownership of Dred Scott to her brother, John Sanford, a citizen of New York.

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Diversity Jurisdiction

A federal court can hear a case if the opposing parties are citizens of different states.

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Dred Scott v. Sanford

Dred Scott sued John Sanford in federal court, arguing his residence in free territory made him free.

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Dred Scott Decision

A Supreme Court case (1857) that denied citizenship to enslaved people and declared the Missouri Compromise unconstitutional.

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Roger Taney

Chief Justice during the Dred Scott decision.

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Concurring Opinion

An argument presented by a judge that agrees with the majority opinion, but for different or additional reasons.

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Benjamin Curtis

Justice who dissented in Dred Scott opinion. He argued blacks were citizens at the founding.

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Dissenting Opinion

A formal expression of disagreement with the majority opinion of a court.

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Constitutional Authority

The idea of who has the ultimate authority to interpret the meaning of the Constitution.

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Douglas's View

Stephen Douglas argued Supreme Court had the final say determining constitutionality.

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Lincoln's View

Lincoln argued the Supreme Court's political rulings aren't binding on the executive or Congress.

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Dicta

Statements made in a court opinion that are not essential to the decision and therefore not binding precedent.

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Missouri Compromise

Agreement in which Missouri was admitted as a slave state and Maine as a free state, preserving the balance in the Senate

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Stephen Douglas

He Won a Senate seat against Lincoln because of the Dred Scott decision.

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Abraham Lincoln

Stephen Douglas debated with this president about the Dred Scott decision.

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Citizenship Ruling

The Supreme Court decision set a bad precedent of not giving blacks citizenship.

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Published Opinion

The revised opinion was published in the U.S. reports

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1842 Supreme Court Ruling

The Supreme Court decision that state court rulings are evidence, but not binding authority, on federal courts in diversity jurisdiction cases.

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Scott v. Emerson (1852)

The Missouri Supreme Court's ruling reversed earlier precedents, denying freedom to individuals who would have previously been freed.

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Punting (Legal)

Argument by the court avoid deciding the central issue of a case. Avoid making a broad ruling.

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Chief Justice Taney

Chief Justice who wrote the majority opinion in Dred Scott v. Sandford.

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Dred Scott Ruling #1

Ruled that blacks were not and could not be citizens of the U.S.

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Dred Scott Ruling #2

Determined to be unconstitutional because it violated the Fifth Amendment by denying slaveholders the right to take their property (slaves) into certain territories.

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Fifth Amendment

Requires the federal government to provide due process and prohibits the taking of private property for public use without just compensation.

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Originalism

The principle that the Constitution should be interpreted according to the original understanding of the framers.

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Citizenship

A person's status as a legal member of a country.

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Jurisdiction

The power of a court to hear a case and make a judgment.

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Taney's Decision

The court's decision to address all issues in the Dred Scott case, rather than avoiding the central question.

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Original Intent

The concept that the Constitution should be interpreted based on how it was understood when it was adopted.

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Political Intervention by the Supreme Court

Intervention by the Supreme Court into political debates of the time.

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Dred Scott Criticism

The Supreme Court's decision in Dred Scott v. Sandford was criticized for intervening in a political issue and establishing new constitutional practices.

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Anti-Slavery Constitutionalism

Legal arguments against slavery developed alongside political movements, seeking ways to challenge its legality.

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Early Anti-Slavery Sentiment

Many people expressed anti-slavery sentiments, but they lacked organization and a unified political strategy.

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Pro-Slavery Organization

Delegates from South Carolina and Georgia formed a well-organized interest group to protect slavery.

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Pro-Slavery Success

Organized pro-slavery forces were able to protect slavery effectively at the national level through political leverage.

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Pro-Slavery Goals

These groups sought to protect slavery, ensure the slave trade's continuation, and secure fugitive slave provisions.

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Reassessment of Early Anti-Slavery

Early anti-slavery efforts are now viewed as more sincere and anti-racist than previously thought.

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Two Big Lessons of the Dred Scott case

The issue of race in American law & the Supreme Court intervening in political issues are the two major lessons.

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Denial of citizenship

The denial of citizenship speaks to the problem of race in American law and how deeply embedded racist ideas were in the law

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Shooting down of the Missouri Compromise

The shooting down of the Missouri Compromise is and intervening in a political issue is an issue that conservatives say, or at least used to say when I started my career.

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Supreme court's position

Argued the court was out of line to say that you're not going to follow the Supreme Court, which is a dangerous position to occupy in American politics

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Jurisdiction denied

The Supreme Court didn't have jurisdiction, said the federal courts did not have jurisdiction.

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Anti-slavery

The distinction that I would make is that if you read the records of the Constitutional Convention, um, and actually if you, um, kind of go more broadly that what you see kind of nationally is there's a lot of anti-slavery sentiment.

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Anti-slavery legal arguments

Anti-slavery constitutionalism relates to political movements organizing against slavery and the social movements, arguing that slavery does have a legal wing where people are developing legal arguments.

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Popular Constitutionalism (Anti-Slavery)

Opposition to slavery that emerged outside the established political system during the antebellum period.

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Salmon P. Chase

An Ohio Democrat and anti-slavery advocate who defended fugitive slaves in court.

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Somerset Principle

The idea that common law nations are free unless there's a specific law that allows slavery.

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Government's Stance on Slavery

The argument that the U.S. government should favor freedom over slavery whenever possible.

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Framers' Intention (Anti-Slavery)

The idea that the Constitution was originally intended to lead to the eventual end of slavery.

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Slave Power Conspiracy

The belief that a pro-slavery group seized control of the government around 1800, corrupting its original anti-slavery intentions.

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Fugitive Slave Law

Laws that Chase argued against, but courts upheld as constitutional compromises necessary for the Union.

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Liberty and Free Soil Parties

Political parties that opposed the expansion of slavery in the 1840s and 1850s.

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Freedom National

The argument that the federal government should only extend freedom, not slavery, when the U.S. expands.

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Constitutional Transformation

The transformation of American constitutionalism from accepting slavery to supporting emancipation, largely driven by external pressure.

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Resistance to Abolitionists

Efforts to stop anti-slavery advocates from speaking and petitioning.

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Anti-Slavery Petitions

Requests sent to Congress asking it to end slavery in Washington, D.C.

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Gag Rule

A rule created in the House of Representatives to block or table discussion of anti-slavery petitions.

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Antebellum Period

The period in United States history from the late 1700s until the start of the Civil War in 1861. It was characterized by the growth of abolitionist movements in the North and increased defense of slavery in the South.

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States' Rights

The idea that the rights and powers of the states are protected by the Constitution.

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Tabling Anti-Slavery Petitions

Informal practice in Congress of rejecting anti-slavery petitions without formally hearing them.

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Suppression of Anti-Slavery Literature

Violations of the right to free speech, including destroying abolitionist messages.

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Mob Attacks on Abolitionists

Attacks by community elites on abolitionist speakers.

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Government Power vs. Individual Rights

The ability of the government to undermine personal freedoms.

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Rights of Minorities

Protecting the rights of unpopular groups even if it goes against the majority.

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Free Black Activism

Activism among free African-Americans to expand rights for themselves and others.

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Black Codes

Laws restricting the rights and freedom of African-Americans.

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Citizenship Claims

Arguing for equal citizen rights, regardless of race.

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Pushback Against Black Codes

Successes in pushing back against discriminatory Black Codes.

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Pre-Civil War Citizenship Arguments

Arguments developed before the Civil War about citizenship and African-American rights.

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Popular Activism

Political change driven by ordinary people, not just elites.

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Inclusive Political Movement

Movement including those historically excluded from political power.

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Achieving Change

Activism is most important.

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Sources of Rights Expansion

Constitutional arguments pushed by popular movements, not legal elites.

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Baltimore's Free Black Community

Free African-Americans in Baltimore who said they were citizens.

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Study Notes

  • Dred Scott was a complicated legal case with origins in Missouri (Scott v. Emerson).
  • Scott v. Emerson was overturned by when he v. Whiteside.
  • In when he v. Whiteside, the Missouri Supreme Court decided it would not recognize freedom claims for individuals residing in free territories.
  • A writ of error could be filed if a state ruling conflicted with the Consitution, federal statutes, or treaties, according to the Judiciary Act of 1789, section 25.
  • The Supreme Court precedent of Strader said states decide status in slave transit cases, so the federal government wouldn't take jurisdiction.
  • Irene Emerson, Dred Scott's owner, remarried Chaffee, a Republican Party member, and to avoid embarrassment, she transferred her enslaved people to her brother, John Sanford, a New York citizen.
  • Dred and Harriet Scott sued Sanford under diversity jurisdiction, claiming citizenship in Missouri.
  • Federal courts didn't have to honor state court decisions or sudden changes to state law when using diversity jurisdiction.
  • The court considered following Strader, but the pro and anti-slavery judges wanted to address bigger issues.
  • The questions that arise are:
    • Was Dred Scott a citizen?
    • Was the court bound by Strader?
    • Was the Missouri Compromise unconstitutional?
  • The court considered punting the case, but decided against it because they felt they needed to settle the issue.
  • Initially, Judge Nelson was to write the opinion, but Chief Justice Tawney then assumed this role.
  • The court ruled it lacked jurisdiction.

Key Rulings

  • Blacks weren't federal citizens, therefore the court had no jurisdiction.
    • This was justified by claiming the enslaved race had historically been despised and not treated as equals.
    • Regardless of changing public opinion, the Constitution must be interpreted as the framers intended.
  • The Missouri Compromise was unconstitutional.
    • It violated the Fifth Amendment by taking property (enslaved people) without compensation.
    • This was seen as a political intervention by the Supreme Court, interfering with the central political debates.
  • The court was fragmented, but had a majority opinion.
  • Tawney spoke for the court, and the majority included tiny, Wayne, Daniel, Campbell, Greer, Nelson, and Catron, who wrote concurring opinions.
  • Benjamin Curtis and John McClane dissented.
  • Curtis argued blacks were citizens at the founding and part of the political community, his argument was likely better.
  • Tawney revised his opinion, adding 17 pages, and didn't let Curtis see it, leading to Curtis resigning from the court.

Controversy and Debate

  • The ruling sparked controversy.
  • A key question emerged: who decides constitutionality?
  • During a Senate debate in 1858, Stephen Douglas (Democrat) said the Supreme Court had the final say on the Constitution.
  • Abraham Lincoln argued that while the ruling bound Dred Scott's personal status, the Supreme Court couldn't set a political rule binding the executive or Congress.
  • Lincoln also argued that the Missouri Compromise ruling was non-binding dicta.
  • Lincoln and his allies argued the court overstepped its bounds.

Modern Law Lessons

  • The denial of citizenship highlights deeply embedded racism in American law.
  • Overturning the Missouri Compromise represents intervening in a political issue, challenging the separation of powers.
  • Dred Scott remains a touchstone for important constitutional law lessons.

Anti-Slavery Constitutionalism

  • Anti-slavery sentiments were not organized into a coherent political movement at the founding unlike the pro-slavery interests.
  • Organized pro-slavery forces were able to protect slavery effectively on the national level.
  • A coherent pushback emerged in the antebellum period with popular constitutionalism.
  • Salmon Chase defended fugitive slaves and developed legal arguments against slavery.
  • Chase argued that in common law nations, people are free unless positive law sanctions slavery.
  • The federal government should choose freedom.
  • The framers wanted slavery to fade out, but the slave power corrupted it.
  • Chase argued against the constitutionality of the Fugitive Slave Law, but the courts upheld it.
  • The political wing of the anti-slavery movement included the Liberty Party and the Free Soil Party.
  • The government can only extend freedom, not slavery.
  • After the Civil War, American constitutionalism transformed from accepting slavery to ending it due to popular activism.
  • Efforts to suppress abolitionists led to the violation of free people's rights.
  • Congress created a rule to table anti-slavery petitions.
  • Postmasters were instructed to filter out anti-slavery literature, and mobs attacked abolitionist speakers.
  • The attacks created a consciousness of the government violating rights.

Free Black Communities

  • They mobilized in activism, pushing for expanded rights for African-Americans and women.
  • In Baltimore, the free black community claimed U.S. citizenship and used it to obtain passports.
  • In the Old Northwest, free black communities organized against Black Codes, arguing they violated their rights as citizens.
  • Arguments about citizenship and African-Americans being citizens were accepted by the Republican Party after the Civil War.
  • This was driven by popular activism, not by elite circles of power.

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The Dred Scott case began in Missouri and involved multiple legal challenges, including Scott v. Emerson and Whiteside. The case revolved around Dred Scott's claim to freedom based on his residence in free territories. It raised questions about state vs federal jurisdiction and the rights of enslaved people.

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