Scott v. Sandford (1857) (The Status of African Americans) Cover Image

Scott v. Sandford (1857) (Status Afroamerikanaca)
Scott v. Sandford (1857) (The Status of African Americans)

Author(s): Edin Halapić
Subject(s): History of Law, Constitutional Law, Human Rights and Humanitarian Law, Studies in violence and power, 19th Century, Sociology of Law, Court case
Published by: Univerzitet u Sarajevu
Keywords: Supreme Court; Dred Scott; slavery; African Americans; interpretation of the Constitution; interpretation of amendments;

Summary/Abstract: This paper studies the Supreme Court of the United States’ practice, focusing especially to the judgments that caused social and legal-political changes. Observed through a timeframe, this was the period in which the court passed the most significant judgments in its history. In this paper, the special attention is paid to the 1857 Scott v. Sandford case that regulated the status of slaves, that is, slavery. The research deals with the status of African Americans and the manner of judicial access to this issue. The 1857 case is considered to be the most significant in American constitutional history. The court entered crisis following the pronouncement of the judgement, while the public protested. As an example, we can mention political debates and speeches. Nevertheless, the position of the Supreme Court in this case caused a deep political crisis culminating in the outbreak of the Civil War (1861-1865), which ended with the victory of the North. The study has found that the United States Supreme Court exercised its role, and the 1857 Judgment favoured only the interests of a number of Federal member states. This work also contains brief remarks on slavery.

  • Issue Year: LIX/2018
  • Issue No: 2
  • Page Range: 69-93
  • Page Count: 25
  • Language: Bosnian