Dred Scott Decision 1857
Dred Scott Decision - FACTS: • Dred Scott was a slave from Missouri. • Scott and his owner moved to the state of Illinois, then the territory of Wisconsin. • 1846, Scott’s owner died after returning to Missouri. * Scott sued for his freedom. He claimed that he should be a free man since he lived in a free state and a free territory for many years.
SUPREME COURT DECISIONS: Justice Roger B. Taney Q: Was Scott a U.S. citizen with the right to sue? A: NO Q: Did living in a free territory make Scott a free man? A: NO Q: Did Congress have the right to outlaw slavery in any territory? A: NO
Ruled that slaves were property not citizens Scott had no right to sue B/c slaves are property, saying they are free violates the Bill of Rights (5th amendment) Taney (Supreme Court) says Congress has no power to ban slavery in a territory, meaning the MO Compromise, 1850 Comp., are all UNCONSTUTIONAL
RESULTS: • Dred Scott was not given his freedom. • The Missouri Compromise was found to be unconstitutional. • Means slavery is allowed EVERYWHERE, no free states anymore Open to slavery through popular sovereignty (Compromise of 1850) Open to slavery through popular sovereignty (KS-NE Act) Missouri Compromise line is declared unconstitutional (Dred Scott Decision)