Sunday, July 8, 2012

Dred Scott: The Implications of this SCOTUS Decision as a Causative Factor for the United States Civil War



The ramifications of the Dred Scott decision were broad and wide. Chief Justice Taney's interpretation of the Constitutionality of whether Scott should be allowed manumission not only stirred up and concretized abolitionist sentiment, but it would furthermore have broad implications on Lincoln's decision to issue a proclamation of Emancipation, as well.
Some argue that the case in and of itself was frivolous in nature; conjured up by some lawyers to gain notoriety, or wealthy abolitionists seeking to force a SCOTUS decision in 1857 that would ultimately decide the issue of slavery's legality. This was a propitiating factor in the creation of the Republican party as a direct contradiction to the Democratic party of the time; and also ultimately led to Lincoln's victory in the election of 1860. This, of course, caused seven states to secede by the time of his inauguration, setting in motion an irrevocable course towards war.
What, specifically, was it about Taney's decision that caused so much furor? For one thing, it further exacerbated the schism between North and South. Sectional tensions were inflamed as the Scott v. Sanford decision nullified the Missouri Compromise, thereby opening the doors to possible slavery in annexed territory, and for the first time since Marbury v. Madison, undoing a piece of congressional legislation. This decision also undid the concept of "Once Free Always Free," a tenet used as justification for Scott's release; and ultimately, it returned Scott to slavery. The decision also went further by denying citizenship -- and abnegating most rights -- of slaves. The decision, as it was handed down, protected the owner of chattel from seizure under the Due Process clause of the U.S. Constitution.

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