For Your Data Dred Scott V. Sanford Representative Brief
March 04, 2019
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Dred Scott v. Sanford (1857)
Facts: Scott’s one-time possessor took him from MO to IL as well as then to MN (part of LA Territory). He returned to MO, where Scott was sold equally slave to Sandford (from NY). Slavery is legal inward MO, but illegal inward IL (by solid pose down constitution) as well as MN (by federal statute outlawing slavery inward LA territory equally provision of the MO Compromise). Scott claims he is a complimentary homo as well as citizen of MO, brings suit inward federal courtroom based on form of citizenship.
Issues/Holding: Was Scott a citizen of Missouri for form purposes? No. Did Scott rest a slave later sojourn to the LA Territory as well as IL? Yes.
Reasoning/Major Points:
· Scott is NOT a citizen of MO for form jurisdiction purposes, thus federal courtroom lacks jurisdiction.
o The framers never intended to confer federal citizenship upon blacks: they idea that blacks were inferior as well as were rightly enslaved.
o Just because a solid pose down confers citizenship upon a person, does non hateful he is vested amongst the privileges of federal citizenship that are the predicate of form jurisdiction.
· Scott was hence NOT made complimentary past times residence inward IL or MN. Due process: Can’t justify taking someone’s belongings when they haven’t committed a crime.
o The MO Compromise is unconstitutional insofar equally it prohibits slavery inward the LA territory.
o The correct to belongings inward a slave is granted past times the Constitution as well as the Compromise cannot abrogate this right.
Professor's comments: First business office of the reckon classic originalist rhetoric. Court says that it is non the Court’s project to grade whether laws are practiced or bad but to enforce the police line equally intended. The role of the Court is non to pronounce on the justness of the Con, merely to translate it.
**14th Am specifically overrules Dred Scott: equal protection laws refer non merely to citizens but persons.