The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years. In 1846, a slave living in Missouri named Dred Scott, sued for his freedom on the basis that he had lived for a total of seven years in territories that were closed to slavery. Scott's owner had been an army doctor named John Emerson. Emerson's position had required him to move several times in a relatively short amount of time. During his time with Emerson, Scott had lived in the state of Illinois, which was free, and the Wisconsin territory which was closed to slavery according to the Missouri compromise. After Emerson's death in 1843, Scott became the property of Emerson's wife. Scott's case had quite a bit of legal precedents. The state of Missouri had freed slaves in cases that were very similar to that of Scott's. After 16 years the case finally moved up to the Supreme Court. Emerson's wife had remarried and moved leaving Scott to her brother a Mr. Sandford. The Supreme Court finally heard the case in 1856. However, the case was postponed until the following year. In a seven to nine decision, Chief Justice Roger B. Tawney delivered the courts decision. The courts ruled that no slaves, or their descendents, had ever been and or are US Citizens. Furthermore, the court ruled that Congress could not stop the spread of slavery to the newly emerging states. They went so far as to declare the Missouri Compromise unconstitutional; claiming it violated the 15th Amendment by denying property with ... ... middle of paper ... ...red the courts decision. In a unanimous ruling it declared that, "in the field of public education, the doctrine of "separate but equal" has no place," and that "separate educational facilities are inherently unequal." This ruling overturned the idea of separate but equal that had come about as a result of the Plessy v. Ferguson decision. While it did not end segregation in other public facilities or give a time line for the complete desegregation of schools, it did mark the beginning of the end for the unjust and repressive Jim Crowe laws. These landmark cases are symbolic of the ups and downs that marked the struggle for equal rights in America. Although these rulings were not always fair or just, they were representative of their time and place in American history, and serve to remind us of how far we have come as a nation and how much further we have to go.
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
The Court's decision (7 against, 2 for) was declared on March 6, 1857. Due to the variance of opinions on why the Court decided as they did (all seven justices who decided against Scott wrote opinion papers for the case), the opinion of Justice Taney is generally cited for the majority. According to Taney, the Court decided that Scott (and hence all negro slaves or their descendants) was not a citizen of the United States or the state of Missouri, and thus not entitled to sue in the federal courts. Justice Taney then went beyond this point and ruled on the entire issue of slavery in federal territories, claiming that slaves were property and therefore the Missouri Compromise was unconstitutional.
In 1896, the Supreme Court was introduced with a case that not only tested both levels of government, state and federal, but also helped further establish a precedent that it was built off of. This court case is commonly known as the case that confirmed the doctrine “separate but equal”. This doctrine is a crucial part of our Constitution and more importantly, our history. This court case involved the analysis of amendments, laws, and divisions of power. Plessy v. Ferguson was a significant court case in U.S history because it was shaped by federalism and precedent, which were two key components that were further established and clarified as a result of the Supreme Court’s final decision.
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.
The Dred Scott decision involved two slaves, Dred Scott and his wife, who originated from one of the recognized slave states, Missouri, but they were relocated to settle in Wisconsin, a state where slavery was prohibited. In 1846, Scott filed a lawsuit and “sued for his freedom on the grounds that his residence in a free state and a free territory had made him free.” In 1854, Scott’s “case ultimately went to the Supreme Court.” By landing in the Supreme Court, the justices ruled seven to two against the Dred Scott and his wife for multiple reasons. One main reason that the court specified was that whether African Americans are enslaved or not, they were never recognized as citizens of the United States. Therefore, the justices believed that the case should not have been heard or discussed in the Supreme Court to begin with. The second reason was that regardless of any African American being transferred to a free state, does not necessarily change their social status. Thirdly, the Supreme Court ruled that the Missouri Compromise of 1820, a compromise that outlawed slavery north of the 36˚30’ latitude line, is unconstitutional because the Congress declared that they had “no power to ban slavery from any territory.” The decision was critical due to increasing the North population’s unease, and their concern that the South will begin to transport slaves to freed states, which will
“Dred Scott was an enslaved African American”, (Appleby 446-447). He was born into slavery in 1799. His parents were slaves of Peter Blow, who lived in Virginia. Since his parents were slaves, Dred was a slave since the time of his birth. In 1830, the Blow family moved to St. Louis, Missouri and brought Dred with them. A couple years later he was sold to Dr. John Emerson, an army doctor who at the time was stationed in St. Louis. Dr John Emerson, along with Dred, was transferred in 1834 to Rock Island, Illinois (a Free State) and then in 1836 to the military outpost in the Upper Louisiana Territory. John was stationed at each military base for a couple of years. While in the Upper Louisiana Territory, Dred met Harriet Robison who was owned by Major Taliaferro. John bought Harri...
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.
The request for an injunction pushed the court to make a difficult decision. On one hand, the judges agreed with the Browns; saying that: “Segregation of white and colored children in public schools has a detrimental effect upon the colored children...A sense of inferiority affects the motivation of a child to learn” (The National Center For Public Research). On the other hand, the precedent of Plessy v. Ferguson allowed separate but equal school systems for blacks and whites, and no Supreme Court ruling had overturned Plessy yet. Be...
Dred Scott was a slave. His master was an army surgeon who was based in Missouri. In the early 1830's and 1840's his master and him traveled to Illinois and the Wisconsin territory. It was in 1846 that Scott sued his master's widow for freedom. His argument was that the state of ...
The Supreme Court was known for some of the most notorious decisions made in history, many in which included the cases, Marbury v. Madison, Scott v. Sandford, and United States v. Cruikshank. Despite these cases, the court did turn around and change their perspective and helped minorities achieve their civil rights. In 1915, the case of Guinn and Beal v. United States helped African Americans reassure their right to vote. In this case the Supreme Court considered the grandfather clause to be unconstitutional. The grandfather clause was a mechanism t...
In 1857, the Dred Scott vs. Sanford case went before a pro-slavery United States Supreme Court. Scott claimed that he had lived as a slave in free state and territory. The high court’s decision was that he was a slave and that the law assuring that slavery would not be allowed in the new territories of the United States was unconstitutional. Because of the court’s decision, it helped accelerate the Civil War. Because of the Supreme Court’s decision, the Northerners tha...
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.
Finally, the Court argued that, in any case, Scott could not be free by being a resident in the Wisconsin Territory, because Congress lacked the power to ban slavery in U.S. territories. So since the Court viewed slaves as "property," and the Fifth Amendment forbids Congress from taking property away from individuals without just compensation. They also stated that the Missouri Compromise was unconstitutional (McBride
Dred Scott was born as a slave in Virginia. As a young man he was taken to Missouri, where he was later sold to Dr. John Emerson. A military surgeon, Dr. John Emerson moved Scott a US Army Post in the free state of Illinois. Several years later Dr. Emerson moved once again, but this time to the Wisconsin Territory. As part of the massive Louisiana Purchase the Wisconsin Territory under the Missouri Compromise prohibited slavery. While in the Wisconsin Territory and also later in St. Louis the Emersons started to rent the Scotts out as servants. Under several state and federal laws this was an illegal act in direct violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act. Scott bounced around from several military posts including one in Louisiana before ending up again in St. Louis, Missouri. After the death of Dr. Emerson, ownership of the Scotts reverted to his wife. Through out 1846 Scott tried several times to by the freedom for him and his family. After several failed attempts he resorted to the legal r...
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...