Case 2: Dred Scott v. Sandford

Dred Scott petitioned for freedom under
the 13th and 14th Amendments

"Wrong the day it was decided." "The Court's great self-inflicted wound." That's how legal scholars have described the Supreme Court's decision in the long-reviled case of Dred Scott v. Sandford of 1857. Abraham Lincoln famously responded to the case by delivering one his most famous addresses, the House Divided Speech, in which he summed up on June 16, 1858: “A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free."

 Here is a link to a very thorough Wikipedia entry that includes many helpful references to source materials:

 Dred Scott on Wikipedia

Here is a link to the majority decision, 7 to 2, as written by Chief Justice Roger B. Taney:

Complete Decision of the Court

EXERCISE

Micro goals: Rather than conduct a moot court, we will use this famous case to continue exploring and practicing academically sound research techniques. This in-class unit will emphasize using primary sources and using APA citation style. See the quick guide below:

APA Quick Citation Guide 

Macro goals: This exercise also is intended to help you as you make the transition from a high school mindset to a frame of mind that better suits being part of a university academic community. It should advance your thinking in two key ways:

1) Outside of science or math courses, you must let go of the notion that there is only one right answer. Questions in most academic situations have no single answer, only competing arguments. Each team's answers in this exercise should be different because each team's discussion and debate will be different. Discussion and debate go to the heart of what it means to be part of an academic community.

2) Every credible academic argument must be supported by evidence. You must continue to move away from emotion-based opinions and toward fact-based arguments. We build the evidence for our arguments through reading and research. That often means pointing to primary sources for evidential support. That's what this exercise asks you to do. But remember: Two people can point to the same primary source to support two very different — and sometimes diametrically opposed — arguments. (Remember when we used the Bible both to support and to condemn slavery?)


Instructions:

1) Working in teams, use the Dred Scott hand-out packet to answer a series of questions about the case and controversy. Answer the small questions first, then compose an answer to the Big Question. (It needn't be long. Two or three meaty paragraphs should do.)

2) Use the complete court decision above to do keyword searches that might help you answer the questions. Some possible search terms: citizen, authority, enumerated, compromise. These searches might help you answer the small questions and help inform your answer to the Big Question.

3) Use the APA style guide above to help you create a Sources Used list as the last page of your assignment. (Do the best you can without stressing out. This part is just for practice. Experiment with using the shortcut that David Dryden showed us — looking up a source using "Virtual Reference" and cutting and pasting the APA style listing.)

4) Get together with your team at least once more before class on Oct. 6 to finalize your team's written  assignment. Print it out to bring to class. Don't forget to format it in Times New Roman, 12 points, double-spaced.

Have fun with it!

ROAD TO CIVIL WAR

Watch these two short videos that provide historical context to help explain why war broke out in 1861:

Causes of the War, Pt. 1

Causes of the War, Pt. 2