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The dred scott decision impact
The dred scott decision impact
The dred scott decision impact
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The People vs. Hall and Dread Scott Decision both were very interesting cases. Their similarities zoomed to expose the preamble of the Constitution and make the authors of it think over what they meant by "all men are created equal." This question is still present today, are all men created equal? Or does it mean by men, the white Americans with European decent? The People vs. Hall was a case of murder in 1854. A white man, George W. Hall, was blamed for a murder. A Chinese man was the witness of this murder. The Californian court, however, basing their decision on the belief that the Chinese are an inferior race, did not allow the Chinese man to testify against the murderer. The court stated that their decision was based on the Act of April 15th, 1850, which stated that "No black or mulatto person, or Indian, shall be allowed to give evidence in favor of, or against a white man." The outcome of this act let Hall walk away a free man. Another similar case was the Dred Scott Decision. Dred Scott, being a black man during the 1820's, was yet again considered inferior to bring his case to the court. From a reader's point of view, Dred Scott's case was very legit. The Missouri Compromise of 1820 made Scott a free man. All of the blacks going through the 35'36 altitude/latitude line were said to be free men. When Dred Scott entered Illinois, he entered thinking he was a free man, until his owner assaulted him upon the return. Dred Scott did his best to bring not one but three assault cases to the court against his "owner", John F. A. Sanford; however, the court dismissed him as inferior to take any participation or even demand a fair trial. The court also called upon the Missouri Compromise as unconstitutional because of deprivation of personal property, which in this case was Dred Scott - a property of John Sanford. Eventually the sons of Sanford purchased Scott and his wife, and set them free. Scott died just a year after that. Both of these cases show the reader that the exact meaning of the lines in the Constitution that read "All men are
First, the Court argued that they could not entertain Scott 's case because Federal Courts may only hear cases brought by select parties involving limited claims. Under Article III of the U.S. Constitution, federal courts may only hear cases brought by "citizens" of the United States. The Court ruled that because Scott was "a negro, whose ancestors were imported into this country, and sold as slaves (McBride 1).
The case of The People Vs. Hall in 1854, was about George Hall a white miner, who murdered Ling Sing a chinese miner, over a dispute that they had. It was disputed in the California Supreme Court in 1854, with the majority of opinion delivered by Chief Justice Hugh Murray with the concurrence of Justice Solomon Heydenfeldt. In the hearing, George hall appealed to the verdict, arguing that the 394th section of the Act Concerning Civil Cases provides that no Indian or Negro shall be allowed to testify as a witness in any action or åproceeding in which a white person is a party. The issue with this appeal was that the 394th section of the Act Concerning Civil Cases, did not included chinese or any other different ethnic background that was not listed in that section. For Chinese did not immigrated to America, until 1852, in which they were coming for work after the economic fall out of the Opium War of 1840.
The Plessy v Ferguson case would be overturned, ruling the “separate but equal” law to be unconstitutional. Melba Beals was in school that day and was sent home early with the warning to hurry and stay in groups. Even so, it had been decades since the passing of the Fourteenth Amendment. No much had changed. Melba’s teacher knew that this ruling would cause rage among the citizens of Little Rock and she was right.
In the late 1940’s and early 1950’s there were many issues that involved racial segregation with many different communities. A lot of people did not took a stand for these issues until they were addressed by other racial groups. Mendez vs Westminster and Brown vs The Board of Education, were related cases that had to take a stand to make a change. These two cases helped many people with different races to come together and be able to go to school even if a person was different than the rest.
In 1846, African slave Dred Scott sued for his freedom on the grounds that he resided in the free states of Illinois and the Wisconsin/Minnesota territory to serve his owner. In 1854, Scott appealed his case to the Supreme Court, seeking to reverse the District court’s decision declaring him still a slave. In 1856, the case began, however the freedom of Dred Scott was not the only issue the court addressed, they also had to decide can blacks be citizens, the constitutionality of the Missouri Compromise, and can Congress prohibit slavery in federal territories. A year later the Supreme Court handed down its decision, “they dismissed the case of due to lack of
The court case of Plessy vs. Ferguson created nationwide controversy in the United States due to the fact that its outcome would ultimately affect every citizen of our country. On Tuesday, June 7th, 1892, Mr. Homer Plessy purchased a first class ticket on the East Louisiana Railroad for a trip from New Orleans to Covington. He then entered a passenger car and took a vacant seat in a coach where white passengers were also sitting. There was another coach assigned to people who weren’t of the white race, but this railroad was a common carrier and was not authorized to discriminate passengers based off of their race. (“Plessy vs. Ferguson, syllabus”).Mr. Plessy was a “Creole of Color”, a person who traces their heritage back to some of the Caribbean, French, and Spanish who settled into Louisiana before it was part of the US (“The Rise and Fall of Jim Crow”). Even though Plessy was only one eighth African American, and could pass for a full white man, still he was threatened to be penalized and ejected from the train if he did not vacate to the non-white coach (“Plessy vs. Ferguson, syllabus). In ...
It addressed a subject, which was not popular, freedom for slaves, and went through several courts, without receiving any merit. While it is not a well-known case, it is on point as to the conflicts over slavery, and how they led to the Civil War. It has been considered the worst decision ever made by the Supreme Court, and for good reason. 84 Works Cited Herda, D. J. -. The Dred Scott Case: Slavery and Citizenship.
Defendant Freddie Lee Hall filed a motion to declare Florida Statute 921.137 (Florida Statute) as contrary to Atkins v. Virginia (2002) and, thus, unconstitutional. Hall, convicted in 1981 for the murder of Karol Hurst, was initially sentenced to death in September 1982. For three years, he fought his sentence, filing “a motion to vacate, a petition for writ of habeas corpus and an application for a stay of execution, all of which were denied” . In 1986, the Eleventh Circuit Court of Appeals heard his appeal and reversed part of the lower court’s ruling, a decision granted when the court found Hall “entitled to a hearing on the issues of his absence from the courtroom and whether he deliberately bypassed his ineffective assistance of counsel claim” .
Around the 1850’s, tension between the Northern states and the Southern states was rising. The issue of slavery was a conflict that greatly contributed to this tension. The Northern and Southern people had very different views on slavery. Most of the Northern people thought that slavery was wrong, while the Southern people thought that slavery was justified. During this time, a court case filed by a black slave against his white slave master occurred and it widened the gap between them even more. The idea of a black man suing for his freedom was ridiculous to most of the Southern people. My second paragraph is about Dred Scott’s life. It will mostly be about his life before the case. The third paragraph will be information about the case in court. It will include many facts from the trials. The fourth paragraph will tell of the United States Supreme Court decision and its effects. It will also include people’s reactions to the final decision.
In Conclusion, the decision handed down by The United States Supreme Court in Dred Scott v. Sanford. That African American slaves "had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it." This was a grave mistake made by the Supreme Court and could only add fuel to the fire of the issue of slavery.
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
After his clients were found guilty of rape and sentenced to the death penalty for a third time, Sam Leibovitz noticed a disturbing trend in the courtroom. Out of the multitude of jurors used in each hearing, none of them were black. Every single one was a white southerner, and Leibovitz felt as though the jury was rigged in favor of the prosecution. This was exceedingly common in the South at this time, as many states excluded people of color from sitting on a jury. In Norris versus Alabama, Leibovitz voiced his concerns to the United States Supreme Court. This landmark case was unorthodox, as Leibovitz had the jury rolls from the cases brought up all the way from Alabama to be read by the justices. The preponderance of the names on the lists were those of whites, but there were a few names belonging to blacks at the bottom of some of the pages. These were all hastily scrawled, as if they were added recently. Leibovitz argued that they were written there merely to show that Alabama did not intentionally influence the jury against the boys, when they actually did. The Supreme Court voted for Leibovitz, and ruled that all people, no matter their skin color, should be able to vote on a jury. This verdict would be instrumental for later race-based proceedings in the future. During the Civil Rights Movement in the 1960s, many crucial cases were won because of empathetic, equal
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
Lastly, Dred Scott Case with the United States Supreme court fought freedom for the slaves in the American Legal System. In 1857, the court 's decision denied his plea and determined that no Negro,a term used to portray anybody that was African blood, was or could ever be a citizen. This decision also the reason for the Missouri Compromise, which set restrictions on slavery in certain U.S territories. The Northerners were outraged and the Dred Scott case became a reason to elect president Abraham Lincoln in 1860
A popular example of this was a case called Brown v. Board of Education. In 1954, Linda Brown, a black girl, was attending the fifth grade in the Topeka, Kansas public schools. Linda, however, was denied her equal protection of of the laws, as stated in the Fourteenth Amendment, because the schools in Topeka were segregated. Not only did the court affirm Linda Brown’s right to attend an unsegregated public school, but this was extended to a national level. Brown’s lawyers from NAACP had asked to “cover all ‘others similarly situated.’” The courts had difficulty in creating an order that eliminated segregation in public schools, but the case itself brought light to the