On March 6th, 1857, the Supreme court ruled that no African American, slave or free, was a United States citizen, and therefore could not take anyone to court. It was also ruled that it was not in the congress's power to abolish slavery, and slave owners' rights were protected by the fifth amendment in the Constitution. This was decided because of the Dred Scott vs. Sanford case. Dred Scott, a former slave, had been living in the free territory of Wisconsin while still under the ownership of Dr. John Emerson. When Emerson died, his wife did not let Scott buy his freedom, and Scott took her to court with the complaint that he, along with his family, were free because they lived in a where slavery was banned. Chief Justice Roger B. Taney ruled that the case should had no grounds as Scott was black and did not have the right to file a lawsuit in federal court.
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The Brown vs. Board of Education case was after the 13th, 14th, and 15th, amendments overruled the Dred Scott decision. Linda Brown was able to successfully make a case against the board of education for not allowing her to attend the school closest to her because she was black, and ended separate but equal schooling. |
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