Monday, April 12, 2010

The Dred Scott Case

Things got fired up again because of a situation involving a man named Dred Scott.

Schott was a slave in Missouri, but often went with his master to Illinois where slavery was illegal.

He sued for his freedom. He figured by living in Illinois where slavery was illegal, he had become free.

Chief Justice Roger Taney came to the decision of this matter. Remember the 5th Amendment? You don't? Shame on you.

Well as a refresher, the 5th Amendment among other things, won't let the government take away life, liberty, or property without due process. Taney argued that this amendment protected the slave owners property rights.

Taney also said since Scott was black, he couldn't sue, he was not a citizen. He also said that the Missouri Compromise violated these same property rights and it is unconstitutional. This made things a lot lot worse.

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