The Dred Scott Decision • Emily Blake • Staley Upper Elementary School • 5th Grade Powerpoint • [email protected] On your own and on the worksheet provided: 1) Write a definition for the word property. 2) List some examples of property. With your group and using your definition of property, decide what you would do in the situation below. Write your answer on the worksheet provided You live in Georgia where they allow the riding of bikes. You then move with your family to New York State where bike-riding is not allowed. Later, after several years, you move back to Georgia. Does the bike still belong to you? Why or why not? With your group, using your definition of property, and your ideas from the previous bike situation, answer the question below. Write your answer on the worksheet provided Does Congress have the right to say that you cannot ride your bike in Georgia (a state that allows bike-riding), since it had “lived” in New York (a state that does not allow bike-riding) for so long? Why or why not? Dred Scott was the name of an African-American slave. He was taken by his master, an officer in the U.S. Army, from the slave state of Missouri to the free state of Illinois and then to the free territory of Wisconsin. He lived on free soil for a long period of time. When the Army ordered his master to go back to Missouri, he took Scott with him back to that slave state, where his master died. In 1846, Scott was helped by Abolitionist (anti-slavery) lawyers to sue for his freedom in court, claiming he should be free since he had lived on free soil for a long time. Dr. John Emerson was a doctor in the United States army. The army required him to move throughout the United States. He did not decide to move on his own. The 4 Steps of the American History Public Policy Analyst (AHPPA) Define the Problem Gather the Evidence Identify the Causes Evaluate the Policy Emerson is stationed in Missouri – A Slave State Emerson is transferred to Illinois – A Non-Slave State Emerson is transferred to Wisconsin – A NonSlave State Emerson is transferred back to Missouri – A Slave State He passes away shortly after. The Two Sides of the Argument What is the problem? • Dred Scott – Lived in a non-slave area long enough to be considered a free man. – His owner passed away, therefore he does not have an owner • US Supreme Court – Dred Scott was not a US Citizen because he was a slave – Congress has no right to control a person’s property What would your decision be? Write down your decision on the worksheet provided. • Which side do you think should win? • Think about the arguments. • Think about our activating strategy. What did the Supreme Court decide? • In March of 1857, Scott lost the decision as seven out of nine Justices on the Supreme Court declared no slave or descendant of a slave could be a U.S. citizen, or ever had been a U.S. citizen. As a non-citizen, the court stated, Scott had no rights and could not sue in a Federal Court and must remain a slave. • The Supreme Court also ruled that Congress could not stop slavery in the newly emerging territories and declared the Missouri Compromise of 1820 to be unconstitutional. The Missouri Compromise prohibited slavery north of the parallel 36°30´ in the Louisiana Purchase. The Court declared it violated the Fifth Amendment of the Constitution which prohibits Congress from depriving persons of their property without due process of law. The 4 Steps of the American History Public Policy Analyst (AHPPA) Define the Problem Gather the Evidence Identify the Causes Evaluate the Policy Evaluate the Policy Did the Supreme Court get it right? On the worksheet provided, write whether you think the Supreme Court made the right decision. -Remember to think about the law -Remember to think about the arguments -Remember to think about our activating strategy Give reasons for your answer Leading to War • How might this event have contributed to the start of the Civil War? – Write your answer on the worksheet provided.