Abstract

 


 



On Dred Scott v. Sanford


Dan Goodman


affiliation not provided to SSRN

December 19, 2011


Abstract:     
At the time of the decision of the Supreme Court of the United States in Dred Scott v. Sanford, in the year of 1856, there were black citizens as well as black slaves. Black citizens were descendants of blacks who were citizens at the time of the adoption of the Constitution. Black slaves were descendants of blacks who were slaves at the time of the adoption of the Constitution. There were also free persons of color; that is, black slaves emancipated, before the adoption of the Constitution of the United States of America as well as after the adoption of the Constitution.

The case of Dred Scott v. Sanford dealt with free persons of color; that is, with black slaves emancipated, after the adoption of the Constitution of the United States of America. Therefore, the case of Dred Scott v. Sanford, had nothing to do with black citizens.

Thus, a black slave, set free after the adoption of the Constitution of the United States of America, cannot, UNFORTUNATELY, be a citizen of a State, as well as a citizen of the United States because, although a free person, he or she is not a citizen required by Article IV, Section 2, Clause 1 of the Constitution.

In addition, a black slave made a citizen of a State, by a State, after the adoption of the Constitution could not be a citizen of a State under Article IV, Section 2, Clause 1 because such a person; that is, the black slave, had to be a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution.

From Dred Scott v. Sanford: “It is true, every person, and every class and description of persons, who were at the time of the adoption of the Constitution recognized as citizens in the several States, became also citizens of this new political body; BUT NONE OTHER; it was formed by them, and for them and their posterity, but for no one else."

Number of Pages in PDF File: 9

Keywords: Dred Scott, Dred Scott v. Sanford, black citizens, black slaves, free persons of color, The Act for the gradual abolition of slavery, negro, mulatto, Article IV of the Articles of Confederation, free inhabitants, inhabitants, free citizens, citizens, servants, slaves, Article IV Section 2 Clause 1

JEL Classification: H10, H11, K19, M49

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Date posted: December 19, 2011  

Suggested Citation

Goodman, Dan, On Dred Scott v. Sanford (December 19, 2011). Available at SSRN: http://ssrn.com/abstract=1974426 or http://dx.doi.org/10.2139/ssrn.1974426

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Dan Goodman (Contact Author)
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