Dred Scott's Argumentative Analysis

A 7-2 majority ruled on the case of Dred Scott v. Sanford, citing a wide variety of constitutional grounds for support. One of the weakest arguments of this case was the argument for Dred Scott not being able to be classified as a citizen. As a result, he was not subject to the full right of freedoms and due process of law. Taney wrote that slaves lacked sovereignty and that they were not intended to be included by the framers of the Constitution (5). He writes that slaves were actually, “intended to be excluded from it.” (6). However, as McLean asserts, the framers had regarded slaves in their writings since blacks actively voted during that time period. He wrote that blacks, “were not only citizens of those States, but entitled to the elective franchise on the …show more content…
Pohlmann writes that racially prejudicial beliefs are especially dangerous when translated into political action and that American governmental policy has readily included the facilitation of slavery (Pohlmann 57). This remark truly hits home for much of Taney’s argument. Unfortunately, week arguments grounded on racist actions such as the case of Dred Scott has only helped to form a permanent underclass in today’s world (TEXT BOOK 57).
On the heels of this weak argument, Taney did manage to carry one strong point. The strongest part of the consensus argument of the court was that the constitution should be upheld the way the framers intended. Taney writes that, “No one … should induce the court to give to the words of the Constitution a more liberal construction in their favor than they were intended to bear when the instrument was framed and adopted” (20). He