Thursday, June 6, 2019
Potterââ¬â¢s observation Essay Example for Free
Potters observation EssayPotters observation that peoples attitudes toward upholding laws is com handssurate with come in of approval they have for those laws has a lot of merit (Potter 1976). Indeed, evidence to back Potters theory can be seen in understanding Scott v. Sanford. seven-spot of the nine justices on the court had been appointed by southerners, while only two members, Peter Daniel and Benjamin Curtis, were appointed by a northern president. both justice but Curtis had been appointed by a Democratic president. All of the southerners were in favor of slavery.Meanwhile, so were two of the northerners. The only two members of the court, who were not pro-slavery, were Curtis and bum McLean (Blanchard 2005). For instance, Justice Catron argues passionately against repealing the article of the treaty of 1803, which gave Louisiana to the United States. Because it is protected by the constitution, he says, it cannot be repealed. Yet, he does not argue that, because the bill of rights grants men the right to liberty, no one can oppose Scotts liberty.He supports the parts of the constitution he agrees with, but fails to fight for the parts he does not support(United States Supreme address 2009). Meanwhile, Justice Curtis, a northerner against slavery, argued for the constitutionality of states bans on slavery and on the Missouri Compromise. Unlike Catron, he was morally contradictory to slavery and thus opposed upholding the Dred Scott decision(United States Supreme Court 2009). Justice McLeans dissent provides more proof of Potters theory. Indeed, he argues that the court is wrong to rule against Scott, as Sanford has however argued that Scotts parents were slaves.The plaintiff, he says, offered no proof to show that Scott himself was not a free man or a citizen of Missouri. Furthermore, the court never cited any precedents in ruling against Scott, he said. McLean, then, was another Northerner against slavery, and he voted in favor of Scott, ra ther than Sanford. This would seem to give credence to Potters observation (United States Supreme Court 2009). Bibliography Blanchard, Kenneth. The Case. February 7, 2005. http//web. archive. org/web/20041116095630/etech. northern. edu/blanchak/pols330/the_case.htm (accessed January 24, 2009). Potter, David M. The Impending Crisis 1848-1861. New York Harper Collins, 1976. United States Supreme Court. Dread Scott v. Sanford Mr. Justice Catron concurring. 2009. http//www. tourolaw. edu/patch/scott/Catron. asp (accessed January 24, 2009). . Dread Scott v. Sanford Mr. Justice Curtis dissenting. 2009. http//www. tourolaw. edu/patch/scott/Curtis. asp (accessed January 24, 2009). . Dread Scott v. Sanford Mr. Justice McClean dissenting. 2009. http//www. tourolaw. edu/patch/scott/McClean. asp (accessed January 24, 2009). .
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