LAD #18

Dred Scott

In the Dred Scott decision, the Supreme Court ruled that Dred Scott is denied freedom since, as a slave, he is property and his owner could take him into any territory and Scott is still legally owned and therefore still a slave. In addition, Congress cannot ban slavery from any territory due to the Fifth Amendment, which states that a person cannot be deprived of property without due process or just compensation. In this case, Scott is property and therefore cannot be deprived from Sandford, his owner. Lastly, Scott was a slave, not a citizen, so he cannot sue in a Federal Court.

Supreme Court Chief Justice John Marshall, who decided Marbury v. Madison

This decision is similar to Marbury v. Madison since in both court cases, the Supreme Court assumes power over Congress. In Marbury v. Madison the Supreme Court established judicial review, allowing the Court to determine whether a law was constitutional or not, not Congress. In the Dred Scott decision, the Supreme Court ruled that Congress cannot declare slavery illegal.