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Dred Scott_Plessy_Brown

Dred Scott_Plessy_Brown - Dred Scott v Sandford(1857 1...

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Dred Scott v. Sandford (1857) 1) MAJORITY (7): Justice Taney 2) MINORITY (2): Justice Curtis & Justice McLean 3) Defining blacks out: Black people—slave or free—are not accounted for in the U.S. Constitution a. Congress had no power to prevent slavery in states b. Slaves, not citizens, cannot sue in court c. Slaves, property, cannot be taken away from owner w/o due process 4) Racial Exclusion: exceptions of who belongs a. Racial reasons b. Political reasons 5) Ability of Congress to forbid slavery 6) Broke legal precedent of “once free, always free”, no matter where in the country? 7) Key : Scott already at advantage; due to Justice Taney’s use of reference back to ORIGONAL INTENT of the Constitution (and its relation to who those allocated rights are for) a. Are black people members of the political community? b. Does Scott even have the right to bring his case to the court? b.i. Legal standing? b.ii. Taney’s answer: NOT included & NOT intended to be included in the Constitution; b.iii.
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