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freshwest

(53,661 posts)
17. All may not be lost. Another case of property vs. people had unexpected consequences:
Thu Apr 3, 2014, 05:55 AM
Apr 2014
Dred Scott



Dred Scott (circa 1799 – September 17, 1858) was a slave in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott Decision." The case was based on the fact that although he and his wife Harriet Scott were slaves, they had lived with his master, Dr. John Emerson, in states and territories where slavery was illegal according to both state laws and the Northwest Ordinance of 1787, including Illinois and Minnesota (which was then part of the Wisconsin Territory).

The United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott's temporary residence outside Missouri did not bring about his emancipation under the Missouri Compromise, which the court ruled unconstitutional as it would improperly deprive Scott's owner of his legal property.

While Chief Justice Roger B. Taney had hoped to settle issues related to slavery and Congressional authority by this decision, it aroused public outrage and deepened sectional tensions between the northern and southern U.S. states. President Abraham Lincoln's Emancipation Proclamation in 1863, and the post-Civil War Thirteenth, Fourteenth and Fifteenth amendments nullified the decision...


As to those unexpected results:

Following the ruling, Scott and his family were returned to Emerson's widow. In the meantime, her brother John Sanford had been committed to an insane asylum.

In 1850, Irene Sanford Emerson had remarried. Her new husband, Calvin C. Chaffee, was an abolitionist, who shortly after their marriage was elected to the U.S. Congress. Chaffee was apparently unaware that his wife owned the most prominent slave in the United States until one month before the Supreme Court decision. By then it was too late for him to intervene. Chaffee was harshly criticized for having been married to a slaveholder. He persuaded Irene to return Scott to the Blow family, his original owners. By this time, the Blow family had relocated to Missouri and become opponents of slavery. Henry Taylor Blow manumitted the four Scotts on May 26, 1857, less than three months after the Supreme Court ruling...

The Dred Scott Case ended the prohibition of slavery in federal territories and prohibited Congress from regulating slavery anywhere, overturning the Missouri compromise, enabling "popular sovereignty", and bloody Kansas.[9]

The ruling of the court helped catalyze sentiment for Abraham Lincoln's Emancipation Proclamation and the three constitutional amendments ratified shortly after the Civil War: the Thirteenth, Fourteenth and Fifteenth amendments, abolishing slavery, granting former slaves citizenship, and conferring citizenship to anyone born in the United States (excluding those subject to a foreign power such as children of foreign ambassadors).[9]


https://en.wikipedia.org/wiki/Dred_Scott

Interesting that his case arose in the region where Paul Ryan has called for the elimination of those three Constitutional amendments. He claims when the GOP control enough state legislatures they'll call a Constitutional Convention and re-write it. As a Koch lackey, we know pretty much what the new Constitution will look like. Remarks by the GOP show it, too.


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