Slavery in the U.S. and the Dred Scott Decision
America was founded by Europeans searching for freedom yet there was a class of people who were given no rights and could not enjoy the freedom granted to the majority of society in this new world. This became one of the most important and tragic issues in America. This dark period in America’s history is that of slavery. It was an issue that literally divided the country. There were many broad questions that were posed over this period not only to the legality of slavery but some also argued against slavery simply on moral grounds. Beginning in the late 18th century states in the north began to pass laws making slavery illegal. The southern states though held firmly to their perceived right to keep slaves. The debate over slavery would eventually tear the nation apart as states began to pass laws that conflicted with other state’s laws as well as federal laws. Many cases were brought into the courts that dealt with these many conflicts involved in these state’s positions. The leaders on the states would try over a long period of time to reduce the tensions in an effort to hold the union together but ultimately would fail. There was one case that is the most notable though as its decision would be the catalyst that would finally pave the way for pushing the country into a civil war that would forever change the country’s laws and finally give citizenship throughout the country to a part of the population that had been denied the basic rights afforded to everyone. Slavery created a unique problem for the nation. Though slavery was abolished in the north slave owners in the south argued the importance of slavery for their state’s economic prosperity. One problem is the nation had nothing set forth in the constitution that could guide them to a national solution. The founding fathers had not only wished to create a strong country but also emphasized the importance of state’s sovereignty. It was this idea of state’s being responsible for their own decisions and laws
Bibliography: Maltz, Earl. "Slavery, Federalism, and the Structure of the Constitution." The American Journal of Legal
History 36.4 (1992): 466-98
"American Slavery and the Conflict of Laws." Columbia Law Review 71.1 (1971): 74-99. Print.
Pollack, Louis H. "Race, Law, & History: The Supreme Court from Dred Scott to Gruter V, Bollinger."
Daedalus 134.1 (2005): 29-41
[ 2 ]. Melvin Urofsky, and Paul Finkelman. Documents of American Constitutional & Legal History.(New York: Oxford University Press, 2008), 419.
[ 5 ]. Pollack, Louis H., “Race, Law, & History: The Supreme Court from Dred Scott to Grutter V. Bollinger.” Daedalus. (Winter, 2005), 31.