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How did the dred scott vs stanford case impact the nation
Essays over the 19th amendment
Essay on 19th amendment
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The increasingly bitter political and legal conflicts over slavery in the 1840’s and 50’s revealed fundamental defects in the United States Constitution that became pro slavery from the start. With the absence of a clear definition of citizenship, emphasis on states’ rights, and limitations of federal power; the constitution became subject to numerous manipulations from the south, that allowed slavery to persist because of the permission of the United States Constitution. Firstly, the founding fathers specifically emphasized the power of states to ensure the unification of the Union as the southern states feared a possible interference on slavery from the federal government. The 10th Amendment was in pursuance to outline the powers of the …show more content…
The citizenship issue was brought to light in one of the most famous supreme court cases, Dred Scott v. Stanford. Dred Scott was a slave who bought him and his family’s freedoms. He sued his former owner over unpaid wages again and again, until The Supreme Court ruled that people of African descent could not be United States Citizens, and are unable to sue in court. Before this, the constitution had no verbiage of what a makes a person a United States citizen. This proves problematic as the constitution is filled with rights citizens can have, but somehow misses the criteria of who can have those rights. Because of Dred v Scott, Slaves and free black people had no constitutional power because they were not citizens. Without the right to press, petition, and speech, how does one create societal change in a democratic government that doesn’t deem you as one of their own. If you are not allowed to freely express your ideas and have them legally fought for, what good is it to fight for your rights as a human being when you don’t have them. The omission of citizenship in the constitution allows the federal and state governments to create erroneous citizenship laws that hinder black people from living their lives and fighting for what they believe
1868 marked a proud year for African Americans with the passage of the Fourteenth Amendment to Constitution. It proclaimed that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1 This essentially color blinded government, and granted all citizens (a category which finally included African Americans) what is described in the document as indisputable equality.
Saiba Haque Word Count: 1347 HUMANITIES 8 RECONSTRUCTION UNIT ESSAY Slavery was a problem that had been solved by the end of the Civil War. Slavery abused black people and forced them to work. The Northerners didn’t like this and constantly criticized Southerners, causing a fight. On January 1, 1863, the Emancipation Proclamation was signed by Lincoln to free all the slaves in the border states. “
"The American constitution recognized slavery as a local constitution within the legal rights of the individual states. But in the North slavery was not adaptable to the local economy, and to many, it contradicted the vision of the founding fathers for a nation in which all men are to be free. The South considered slavery as a necessary institution for the plantation economy. It was linked to the local culture and society. As the United states expanded, the North worried that the South would introduce slavery into the new territories. Slavery had become both a moral issue and a question of political power." (Kral p61)
The two factors that shape the Constitution as being pro-slavery: the necessity of the slaveholders to protect their private property by the means of the law and the limited support of the North for the abolition at the time of the drafting of the Constituti...
For most American’s especially African Americans, the abolition of slavery in 1865 was a significant point in history, but for African Americans, although slavery was abolished it gave root for a new form of slavery that showed to be equally as terrorizing for blacks. In the novel Slavery by Another Name, by Douglas Blackmon he examines the reconstruction era, which provided a form of coerced labor in a convict leasing system, where many African Americans were convicted on triumphed up charges for decades.
From the late 1830s through the early 1860s, the pro-slavery argument was at its strongest. Among those most famous for propagating the pro-slavery argument was John C. Calhoun, J.D.B DeBow, George Fitzhugh, Reverend Thornton Stringfellow, Chief Justice Roger Taney, and Dr. S.C Cartwright. These defenders of slavery argued that the notion of slavery first preserved the status of the white man, second they noted that in the Bible Abraham had slaves, and lastly they argued that the right to own slaves was in the constitution.
Throughout history, society has pushed the envelope with civil liberties and civil rights by tackling Supreme Court decisions. From the decision to incorporate the Bill of Rights- i.e the Bill of Liberties- to the need to eradicate the disparity of African Americans and women, America’s citizens have fought for equality since the birth of the United States.
Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact till the 1900’s for the Supreme Court to get out of the “ideology of white supremacy and the practice of racism,” (Smith). Though the decisions of the Supreme Court were not all that appreciated in the beginning, following the 20th century the court really facilitated in the advancements of civil rights.
The following are 3 significant pieces of evidence I believe contributed to systems of oppression and privilege.
First the founding fathers thought the constitution might endanger freedom due to slavery in the constitution or there lack of the word. Madison had wrote about slavery and its issues which divided delegates in many gatherings and those who came together in where slave owners and those against slavery, to discuss slavery in the Constitution. That the wording of “slavery” didn’t appear in the constitution, a sensitive area delegates feared. The Constitution prohibited Congress from doing away with African slave trade for twenty years. It also, counted for a large sum of the populations when determining each states representation in the House of Representatives and electoral votes for president. There were limits on Congress’s power to tax states that had slave property. Also, there where compromises in the constitution that where slavery clauses, to try and find a balance between the slavery pro’s and con’s. Yet, this seemed to embed slavery ...
Was the original Constitution a “pro-slavery” document? Did it do “more to feed the serpent than to crush it?” Was it Frederick Douglass’s “Glorious Liberty Document?” By accommodating slavery did it eventually crush its head through permanent union with economically dynamic free states and Civil War? Could slavery have been abolished at the founding? When would abolition have occurred if union had never been created? Three states would not join a union forbidding the slave trade. Many abhorred it. A slaveholder himself, Jefferson’s draft Declaration charged the King with its introduction. Slavery was a five hundred pound gorilla the Founders accommodated, constructing a “house divided,” in the hope it would strategically enable independence and endure until slavery withered. But twenty additional years of the trade and invention of the cotton gin delayed that hope for more than 500,000 and their offspring. By 1812 the accommodation secured independence for a perpetual union. But the promise of the Declaration’s preamble remained unfulfilled until Lincoln rediscovered its relationship to the Constitution. At the founding, “Join or Die” meant kicking the can down the road regarding “other persons.”
As slaves began to multiply in population, Slavery became a problem that alarmed the people. The founding fathers had to put new laws into the constitution about slavery, in effort of forming an American Union. Nevertheless, the founding fathers wanted to slowly abolish slavery but the southerners would not allow that to happen. Slavery was very important in the south because slaves were the laborers on plantations. The South had the most population of slaves and based their economy on slavery. On the other hand, there was less slavery in the North. Most Northerners believed that slavery should be abolished. Most Northern states were free states, while most Southern states were considered slave states. The North and the South were developing their economy based on different bases. With the opposing views between the North and the South, it was hard for the American Union to form
Leading up to the final outbreak of the Civil War, the issue of slavery was greatly avoided until it became a huge controversy from 1850 to 1861, especially between the North and the South. From the start of the nation’s beginning, the Founding Fathers had collaborated to create the Constitution, which was expected to unite the nation and its people together. Evidently, as slavery threatened to shred apart the union, the Constitution was proved powerless to alleviate the rising tensions. As time progressed, the Constitution’s imperfections were exposed one by one to the Americans. By the 1850’s, the Constitution had failed to produce clear terms on the process of determining whether new states would be free or slave-holding, the status of slaves and free blacks concerning the Fugitive Slave Acts, and the issue of secession within the discontented states. All the defects contributed to the ultimate failure of the nation, with the impending Civil War not far away.
Civil rights guarantees rights to U.S. citizens and residents by the constitution and legislation. Freedom of speech and freedom from certain types of discrimination are some civil rights protected by the constitution. The Bill of Rights is the first ten amendments to the U.S. constitution. Specific rights for U.S. citizens are reserved, and rights that are guaranteed by the constitution cannot be removed or abridged by another state. In 1857 the Dred Scott v. Sandford case declared that slaves could not sue in court because they were not citizens. In 1865 the thirteenth amendment was enacted to stop slavery, to enforce this amendment congress was given power to enact laws that were necessary. The fourteenth amendment ratified in 1868 states that every person born or naturalized in the United States is a citizen, and ensure the state does not deprive a citizen of his/her rights. The first civil rights law guaranteed equal rights for all people who lived in the United States. The second law guaranteed each citizen equal right to sell, rent, purchase, or inherit real or personal property. The third original law provided citizens with the right to bring civil action for a violation of protected rights. The fourth made violations of these rights a criminal offense. The civil rights act of 1964 is the most comprehensive civil rights legislation in U.S. history. Title VII of the act prohibits employment discrimination based on the employee's color, sex, religion, race, or national origin. Despite the decision of the Plessy v. Ferguson case many people still pressed for the Jim Crow laws to be ended. The National Association for the Advancement of Colored People which was founded in 1909 was one of the organizations pressing to end the ...
Slavery in America brought about a successful south but also proved to be one of the most terrible things done by humans to humans. Slavery became a way of life in early America. Eight out of the first twelve presidents owned slaves. People in the south benefited from slaves the most. Harvesting those huge cotton fields took many hands. That’s were the slaves became key to the success of the south. Slaves were predominately black Africans. Africans made up the majority but they were not the only ones. Native Americans and even English indentured servants made up the rest of the people put into slavery.