Preview

Slavery in the U.S. and the Dred Scott Decision

Powerful Essays
Open Document
Open Document
2146 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Slavery in the U.S. and the Dred Scott Decision
America was founded by Europeans searching for freedom yet there was a class of people who were given no rights and could not enjoy the freedom granted to the majority of society in this new world. This became one of the most important and tragic issues in America. This dark period in America’s history is that of slavery. It was an issue that literally divided the country. There were many broad questions that were posed over this period not only to the legality of slavery but some also argued against slavery simply on moral grounds. Beginning in the late 18th century states in the north began to pass laws making slavery illegal. The southern states though held firmly to their perceived right to keep slaves. The debate over slavery would eventually tear the nation apart as states began to pass laws that conflicted with other state’s laws as well as federal laws. Many cases were brought into the courts that dealt with these many conflicts involved in these state’s positions. The leaders on the states would try over a long period of time to reduce the tensions in an effort to hold the union together but ultimately would fail. There was one case that is the most notable though as its decision would be the catalyst that would finally pave the way for pushing the country into a civil war that would forever change the country’s laws and finally give citizenship throughout the country to a part of the population that had been denied the basic rights afforded to everyone. Slavery created a unique problem for the nation. Though slavery was abolished in the north slave owners in the south argued the importance of slavery for their state’s economic prosperity. One problem is the nation had nothing set forth in the constitution that could guide them to a national solution. The founding fathers had not only wished to create a strong country but also emphasized the importance of state’s sovereignty. It was this idea of state’s being responsible for their own decisions and laws


Bibliography: Maltz, Earl. "Slavery, Federalism, and the Structure of the Constitution." The American Journal of Legal History 36.4 (1992): 466-98 "American Slavery and the Conflict of Laws." Columbia Law Review 71.1 (1971): 74-99. Print. Pollack, Louis H. "Race, Law, & History: The Supreme Court from Dred Scott to Gruter V, Bollinger." Daedalus 134.1 (2005): 29-41 [ 2 ]. Melvin Urofsky, and Paul Finkelman. Documents of American Constitutional & Legal History.(New York: Oxford University Press, 2008), 419. [ 5 ]. Pollack, Louis H., “Race, Law, & History: The Supreme Court from Dred Scott to Grutter V. Bollinger.” Daedalus. (Winter, 2005), 31.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Write an analysis of 250-500 words on the effectiveness of the checks and balances in the federal government.…

    • 349 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Costello, G.A., Killian, J.H., & Thomas, K.R. (Ed.). (2002). The Constitution of the united states…

    • 1547 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Spann, Girardeau A. Race against the Court: Supreme Court and Minorities in Contemporary America. New York: New York University Press, 1993.…

    • 3133 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Federalist Papers 51

    • 695 Words
    • 3 Pages

    Cited: Bianco, William T., and David T. Canon. "The Constitution and the Founding." American Politics Today. New York: W.W. Norton, 2011. 22-50. Print.…

    • 695 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    "The Federalist Papers : No. 65." The Avalon Project : Federalist No 65. Yale Law School, n.d.…

    • 2121 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In the sole dissent of the Plessey v. Ferguson case, Justice Harlan proclaimed that “[o]ur Constitution in color-blind and neither knows nor tolerates classes among citizens” (Linder, 2016). Yet trials in America have long included conversations about race, such as with the infamous O. J. Simpson trial. Legal distinctions based on race are also frequently made, such as is done when considering college admission. These conversations and distinctions are allowed because in reality, neither the Constitution nor the American justice system are truly color-blind. Nor should they be; a color-conscious Constitution and justice system allow America an attempt to make up for past sins, such as the ruling of Plessey v. Ferguson.…

    • 722 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In the mid 1800’s in the United States of America there was a great divide between the Northern and Southern states when it came to the belief in slavery. Inspired by the language of the Declaration of Independence and the colonies’ struggle for freedom from the British, many Americans in the North wanted to abolish in the United States. While the Northern states that were part of the Union seemed to be more industrialized and relied less on slave labor, so it was a foreign and deplorable practice among people who lived in the Northern States. Northerners came to resent slavery from a political and religious perspective that would fuel the Northern cynicism of Southern political power and wealth.…

    • 2091 Words
    • 9 Pages
    Better Essays
  • Good Essays

    The beginning of the 18th centuries there were an augment in pleas to abolish slavery in the United States of America. At the time, there were two sides, northern, and southern debating against, and in favor of slavery respectively. The northerners’ states where slavery was legal, but not economically important and the southerners’ states whose economies were heavily dependent on slavery. According to most northerners, they became to dislike slavery and distrust southern political power. Some became active and organized opponents of slavery and worked for its abolition nationwide. For the abolitionists, it was degrading to the Negros’ intellectual capacity not to mention their humanity, for them to be viewed as an inferior race to that of the…

    • 824 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Examining the Civil War

    • 3635 Words
    • 15 Pages

    A war that originated because the nation was divided ultimately marked the beginning of a truly unified United States. The Civil War put to rest the increasing sectionalism that divided the North, the South, and the newly colonized West. At the root were the issues of slavery in the South, and the attempt of the Southern states to withdraw from the Union. Although many lives and untold millions were lost in personal belongings, livestock, and structures, the Civil War set in motion the progression towards a unified Nation. During the 18th and 19th century, slavery was a very significant aspect of the development of the nation. The economic, social, and political development of the nation during this period was directly associated to slavery even though society condemned it as morally wrong. The following will detail the significance of slavery in the economic, social, and political development of the 18th and 19th century America. Additionally details will show the economic, social, and political impacts of the conflict as well as why a democratic nation failed to address the crisis peacefully.…

    • 3635 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    Thurgood Marshall

    • 1592 Words
    • 7 Pages

    8. Taunya Lovell Banks (2010). Thurgood Marshall: The Race Man, and Gender Equality in the Courts. Virginia Journal of Social Policy & the Law, p15-43, 29p.…

    • 1592 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In the 1800’s there was much turmoil over the debate of slavery and whether it was inhumane or not. Slavery caused the nation to separate into 2 factions; the north, who believe in abolishing slavery and the south who thought that slavery was a “benign institution” as quoted by Ulrich B. Phillips. There is much debate whether slavery was the prominent cause of the Civil War. Contrary to popular belief, slavery was not the ultimate cause of the Civil War; in fact the economic, cultural, and political differences between the North and South played more prominent roles in the instigation of the Civil War and influenced the beginnings of slavery.…

    • 683 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Miranda Law

    • 1709 Words
    • 7 Pages

    Bibliography: * Kermit Hall, John J. Patrick, Annenberg Foundation Trust at Sunnylands, Annenberg Public Policy Center. The Pursuit of Justice: Supreme Court Decisions That Shaped America. Oxford University Press US, 2006.…

    • 1709 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    References: Currie, D. (1992), the Constitution in the Supreme Court: The First Hundred Years, 1789-1988, Pges152-155 (Univ. of Chicago).…

    • 1878 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Three-Fifths Compromise

    • 513 Words
    • 3 Pages

    In 1787, at the time of the Constitutional Convention, slavery in the United States was a harsh reality. The census of 1790 counted slaves in nearly every state, the only exceptions being Massachusetts and the "districts" of Vermont and Maine. In the entire country 3.8 million people were counted; 700,000 of them, or 18 percent, were slaves. These statistics are a striking example of the prominence of slavery in the history of the United States. They also exemplify the obvious contradiction between the institution of slavery and the advocacy of equality presented by the framers of our Constitution. Despite the freedoms reserved in the Constitution and the Bill of Rights, slavery was not only tolerated, it was regulated.…

    • 513 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Have you ever thought about the explicit details that went into the creation of America? Slavery and the Making of America, written by James Oliver Horton and Lois E. Horton uses facts and stories to portray the life of slaves, and the evolution of slavery over several decades, and its effect on America today. The title of this book, Slavery and the Making of America is a great leeway into the authors’ main thesis of the book; “Slavery was, and continues to be, a critical factor in shaping the United States and all of its people. As Americans, we must understand slavery’s history if we are ever to be emancipated from its consequences,” (Horton). Throughout the six chapters in this book, the authors’ go into explicit details on what actions from both white Americans and African slaves led to the Civil War, the abolition of slavery and America as it is today.…

    • 1403 Words
    • 4 Pages
    Better Essays