Page 12 - Branches of Government
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Dred Scott v. Sandford (1857)
The case: This case arose from a suit brought by a slave in Missouri named Dred Scott. Scott had lived for a time in the free state of Illinois. When his master died in 1849, he sued the widow, arguing his time in the slave-free state made him a free man.
The decision: The Supreme Court held 7-2 that since Scott's ancestors were imported into the US and sold as slaves, he could not be an American citizen. Since he wasn't a citizen, he had no jurisdiction to sue, which also meant that black people living free in the north were barred from federal courts. The court also held that under the Fifth Amendment, slaves were property, and any law that deprived a slave-owner of their property was unconstitutional.
The decision is thought to be one of the factors that led to the Civil War.

