Jul 08 2011

Set Scott

Posted by admin in colonial

Set Scott
What were the precedents set by the Dred Scott decision?

Need some history help.Only serious answers plz!

As previously posted, one important precedent was that slaves were affirmed as property, and that slaves remained property whereever they went. But there’s a lot more to the Dred Scott case.
First, the case was actually thrown out by the Supreme Court, which had a majority of slaveholders on it. Chief Justice Roger B. Taney of Maryland wrote the decision, and his first big point was that there was NO case – black people, regardless of their slave status, were not citizens and therefore could not bring legal cases to the courts. That was a huge precedent – the Supreme Court had never before made any statement about citizenship for anyone.
Despite this, Taney was looking to make a sweeping statement about slavery and looking to help the South and those who would let slavery expand. So he continued with his decision and making rulings, even though the Court had ruled that there was no case!
Second big precedent: slavery could technically exist anywhere, since slaves were property, and Congress could not make laws determining whether or not an area was free or slave. Thus the Missouri Compromise was unconstitutional, as it had set the 36’30 boundary line for where slavery could or could not exist. This part would infuriate the North, since this had been in effect for 37 years to that point and had played a key role in keeping the balance between Northern and Southern states.

Furthermore, the decision also broke a long standing situation, although it fortunately didn’t become precedent. President James Buchanan, a doughface (Northerner who wanted to help the South and sympathized with their situation) met with the Court and pushed for a pro-south decision and was in on the results long before the Court released the decision to the public. This fortunately did not become standard.

hope this helps.

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