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60 U.S. 393 Supreme Court of the United States

DRED SCOTTv.John F.A. SANFORDHarriet Robinson Scott, on behalf of herselfand Eliza and Lizzie Scottv.John F.A. SANFORD.Nos. 35–36

from Part III - Property and Space

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Decided March 6, 1857.

Justice Cheryl I. HARRIS delivered the opinion of the Court.1

Dred and Harriet Scott have petitioned the courts for their freedom and the freedom of their two children, Eliza and Lizzie, for more than ten years. The relief they are seeking is of crucial significance to them as a family, but the issues implicated in their case go to the heart of the national identity and will shape the nation’s destiny. The conflict over slavery that is now raging in the political sphere is not new although, in recent times, it had taken on a more incendiary tone. Its origins lie in the contradiction between the ideals of liberty guaranteed by the Declaration of Independence to the Constitution and the institution of slavery.The birth of the nation was bound up with slavery as well as the dispossession of native tribes, upon whose land the great edifice of American finance, wealth, and power have been built.

Type
Chapter
Information
Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 305 - 323
Publisher: Cambridge University Press
Print publication year: 2022

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