Tuesday, September 7, 2010

Ordeal By Fire - Ch. 7 (Dred Scott & Presidential / Judicial Misconduct)

The "Dred Scott Decision" was one of the greatest travesties of justice in United States history.  Justice Taney should have been ashamed of himself.  It was an attempt to settle matter of slavery in the territories, but instead only inflamed both sectionalism and the anti-slavery movement.  If ever there was a clear-cut case of Presidential misconduct worthy of impeachment, it was Buchanan's actions in this matter.  He was asked by the Southern contingent on the Supreme Court to put pressure on a fellow Pennsylvanian judge in order to get him to go along with the majority decision, which was pro-slavery, anti-Dred Scott freedom, and which ruled that Congress had no right to restrict slavery ANYWHERE.  In effect, this ruled the Missouri Compromise unconstitutional.

The ruling was obviously EXTREMELY prejudicial and tainted both by Buchanan's interference, but also by Taney's prejudices.  He was strongly in favor of Southern rights, a virulent sectionalist and hated the North.  Taney should have been forcibly recused from hearing this case and certainly should NEVER have been allowed to rule on it.  It made obvious that the Southern-run Federal government was making policy and laws that were for the good of the few (South) over the good of ALL Americans.  The South could no longer hide the fact that they were in control of all branches of the Federal government. 

On the plus side, the conflict in Kansas helped to divide the already fractured Democratic Party more and the bloodshed proved that "popular sovereignty" was defective.

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