The United States was built on two fundamental values: equality and freedom. These two values have influenced every action of the leaders of the young nation. Equality is the virtue by which every person has the exact same opportunities and rights as their neighbor. Freedom is the ability to act as one wants, as long as those actions are not detrimental to others. While these values of equality and freedom have been pursued throughout American history, several Supreme Court cases had limited the development of equality so the United States has still not come to reaching actual equality and freedom to all. The Founding Fathers desired to reach equality in America. For example, the Declaration of Independence writes in the opening sentence, …show more content…
“Most of the American states, in the aftermath of the Revolution, had incorporated into their constitutions bills of rights enumerating the fundamental rights of their citizens in order to erect those protections to liberty” (Beema 343). The Bill of Rights was not originally a part of the Constitution, but after many states created their own bills, the government had to create a Bill of Rights to federally protect an individual’s liberties. While the Bill of Rights was designed to give individuals non- negotiable rights, these rights were very often taken away. For example, the Sedition and Espionage Acts during World War I prohibited free speech by many of the dissenters. The Sedition and Espionage Acts eliminated the freedom of speech for many citizens. This is just one case where the government took away civil freedoms during wartime. There have been countless other times were the freedoms given to the people were taken …show more content…
They used that citizen status of blacks during the Articles of Confederation as the precedent to declare that blacks are citizens of America. Since blacks were counted as citizens in many states during the Articles of Confederations, Justice Curtis argued that blacks remain citizens in the Constitution. Therefore, Dred Scott is a citizen and has the right to sue in the Supreme Court for his freedom. Another facet of the dissenting opinion was once a slave is free, the slave remains free for life. Justice Curtis and Justice McLean argued because Dred Scott went to Illinois, and was legally free in that territory, Dred Scott should remain free wherever he goes. While Dred Scott was in Illinois, he was treated a slave and had to do the work of a slave. “By virtue of what law is it, that a master may take his slave into a free territory, and exact from him the duties of a slave? The law of the Territory does not sanction it” (Justice McLean, Dissenting Opinion). Justice McLean declared the force work of Dred Scott in Illinois wrongful because the state laws do not support slavery, so one master should not be allowed to go against the laws of the state just to keep his slaves. Therefore, Dred Scott should have the freedom that he was denied so many times before. The dissenting opinion of the Dred Scott v Sandford case was filled with progressive ideas, but in the end, the racism of time won
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.
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
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
Throughout history, Americans have sought to spread the spirit of equality, which is believed to be the realization of true freedom. Before establishing this freedom, every American had only one question stuck in their head: What is freedom? Our country received it in the year of 1776 from the British through a series of difficulties and wars. African Americans defined it as an escape from slavery, while immigrants defined it as their acceptance into a new society. More yet, women of the women’s suffrage defined their freedom as their recognition into society and for their rights to be equal to that of every other man. These different perceptions of cultures/groups in America tied together to form an American view of freedom. Freedom is something that every American should be willing to do anything in order to maintain. We may have weapons of mass destruction, but when it comes to living in a peaceful, American lifestyle, our freedom is our greatest weapon.
...he [lack] of jurisdiction in that court.” (SD) This shows that, Chief Justice Taney and the others had decided that finding the other court had no ability to rule as it had was all they needed to address. This also shows, how in a bias court (pro-slavery) that a decision could be tainted. In conclusion, the Supreme Court decided Dred Scott could remain a slave, and that they did not support the limiting of slavery. 225
Dred Scott v. Stanford was the most fundamental case in American history dealing with the rights of African Americans. This case tested the Missouri Compromise and challenged the issues of slavery and national citizenship. Dred Scott was a slave owned by Dr. John Emerson, who constantly traveled in and out of free and slave states with Scott. Originally Emerson had Scott in Missouri, a slave state, and then moved over to Illinois, a free state, and lastly to Wisconsin territory, also free. While in the Wisconsin territory, Scott married and had two daughters, which was unique due to the fact that slaves in the south were prohibited from being married legally, further validating Scott's implicit freedom. Eventually Emerson moves Scott and his
The ultimate ruling is often referred to as the Dred Scott Decision. The Supreme Court had ruled that although people of African American descent may be free, they are not American citizens. They also ruled that slavery could not be banned in United States territories by Congress. Lastly, because slaves were considered possessions, slave-owners were protected under the Fifth Amendment of the Constitution. This de...
In 1776, the colonist in America were unhappy. There were many problems going on in America that year and the founding fathers wanted to fix that. The founding fathers had a vision of freedom and equality. Modern day America does not live up to the vision because there’s racial inequality and poverty.
Equality and equal opportunity are two terms that have changed or have been redefined over the last 100 years in America. The fathers of our constitution wanted to establish justice and secure liberty for the people of the United States. They wrote about freedom and equality for men, but historically it has not been practiced. In the twentieth century, large steps have been made to make the United States practice the ideals declared in the Constitution and Bill of Rights. The major changes following Rosa Park’s refusal to give up her bus seat to a young white man and the Brown v. Board of Education trial in 1954.
Democracy stresses the equality of all individuals and insists that all men are created equal. Democracy does not persist on an equality of condition for all people or argue that all persons have a right to an equal share of worldly goods. Rather, its concept of equality insists that all are entitled to equality of opportunity and equality before the law. The democratic concept of equality holds that no person should be held back for any such arbitrary reasons as those based on race, color, religion, or gender. This concept of equality holds that each person must be free to develop himself or herself as fully as he or she can or cares to and that each person should be treated as the equal of all other persons by the law. We have come a great distance toward reaching the goal of equality for all in this country, but however close we are we are still at a considerable distance from a genuine universally recognized and respected equality for all. I will go into more details giving more information and making it clear to understand equality and civil rights for all and it affects everyone.
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
Equality is something Americans strive to provide and maintain. It has become an integral and necessary part of our mosaic culture. Even now to the point that when people think of America, they naturally think of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. The institutions of this country have relied upon it, just as it was the created by the events in the laying of moral foundations. The expression of America's citizens plays an extremely significant role in the history of equality in American society. In the pursuit of equality and the "American Dream," people have authored inspiring compositions and sermons to express their feelings of what their country should be like and how exemplary it would be were it like that.
Freedom in the United States Essay submitted by Unknown No other democratic society in the world permits personal freedoms to the degree of the United States of America. Within the last sixty years, American courts, especially the Supreme Court, have developed a set of legal doctrines that thoroughly protect all forms of the freedom of expression. When it comes to evaluating the degree to which we take advantage of the opportunity to express our opinions, some members of society may be guilty of violating the bounds of the First Amendment by publicly offending others through obscenity or racism. Americans have developed a distinct disposition toward the freedom of expression throughout history. The First Amendment clearly voices a great American respect for the freedom of religion.
Yet, still even with this, the American people still needed individual protection from the government. With this being said, the Bill of Rights was created to further protect the liberties of American citizens. The Bill of Rights is a list of ten amendments that would guarantee the rights of the people (Bill of Rights). This document was created to ensure the government did not get too much power, but current day it can be observed how the government is trying to clip away at these amendments, trying to convince the people that they are not necessary. This can be seen with the two most currently most debated amendments, the first and second (Discussing Controversial Topics). The First Amendment, as stated in the Bill of Rights, is as so, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the
The Great Concept of American Freedom Early America was a place for anyone to live their life the way that they wanted, as it is now, but back then this was a new concept. Much of this idea comes from the freedoms obtained by living here. Many other countries in the world had many freedoms, but not as numerous as they were in America shortly after the country was founded. Americans during the late 1700's and early 1800's embraced their freedoms and became leaders and expanders, and what we now consider the founders of many present-day cities and towns. One thing that has been present throughout the generations of people living in America, is the desire to set themselves apart from other nations.