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Dred Scott v. Sandford: Dred Scott v. Sandford, List 3

On March 6, 1857, Chief Justice Roger B. Taney delivered the majority opinion in the Dred Scott Case. Scott, a slave, had been brought from a slave territory to a free territory and demanded his freedom. The Court ruled that as an enslaved person, Scott was not a citizen and could not sue in the courts. The decision further polarized the North and the South and ended any chance of compromise. This pro-slavery Supreme Court decision illuminates how the issue of slavery brought the nation to the brink of the Civil War. Read the full text here.
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  1. latitude
    an imaginary line around the Earth parallel to the equator
    The act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime, shall be forever prohibited in all that part of the territory ceded by France, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes north latitude and not included within the limits of Missouri.
    The act of Congress that established this latitude line was part of a larger set of agreements called the "Missouri Compromise."
  2. servitude
    the state of being required to labor for someone else
    The act of Congress, upon which the plaintiff relies, declares that slavery and involuntary servitude, except as a punishment for crime, shall be forever prohibited in all that part of the territory ceded by France, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes north latitude and not included within the limits of Missouri.
  3. perspicuity
    clarity as a consequence of being easily understandable
    The Constitution has always been remarkable for the felicity of its arrangement of different subjects and the perspicuity and appropriateness of the language it uses.
  4. discretionary
    having the ability to act according to your own judgment
    It exercises the discretionary power of a State Government in authorizing the establishment of a court in which the judges hold their appointments for a term of years only, and not during good behaviour, and it exercises the power of the General Government in investing that court with admiralty jurisdiction, over which the General Government had exclusive jurisdiction in the Territory.
  5. warrant
    show to be reasonable or provide adequate ground for
    Upon these considerations, it is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned is not warranted by the Constitution, and is therefore void...
  6. propriety
    correct behavior
    It is acquired to become a State, and not to be held as a colony and governed by Congress with absolute authority, and, as the propriety of admitting a new State is committed to the sound discretion of Congress, the power to acquire territory for that purpose, to be held by the United States until it is in a suitable condition to become a State upon an equal footing with the other States, must rest upon the same discretion.
  7. abridge
    lessen, diminish, or curtail
    For example, no one, we presume, will contend that Congress can make any law in a Territory respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people of the Territory peaceably to assemble and to petition the Government for the redress of grievances.
  8. deprive
    keep from having, keeping, or obtaining
    Thus, the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law.
  9. dignify
    give status or attention to, often undeservedly
    And an act of Congress which deprives a citizen of the United States of his liberty or property merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.
  10. inroad
    an encroachment or intrusion
    It is a total absence of power everywhere within the dominion of the United States, and places the citizens of a Territory, so far as these rights are concerned, on the same footing with citizens of the States, and guards them as firmly and plainly against any inroads which the General Government might attempt under the plea of implied or incidental powers.
Created on Tue May 27 11:38:42 EDT 2025 (updated Tue May 27 11:38:57 EDT 2025)

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