Supreme Court's Power and Its Judicial Atmosphere

" The Justices concluded and that it was acceptable for Blacks to be kept in thraldom because it was "for their own benefit." In ambit this finale, the majority of the Supreme Court Justices concluded that our Founding Fathers "considered [Blacks] as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority." (Dred Scott v. Sanford). The judiciary also ruled the 1820 Missouri Compromise unconstitutional, thereby allowing slavery to be instituted in every State. The author of the majority decision in the case, Chief Justice Roger Taney, "was subsequently vilified and ostracized for orchestrating this most woeful event in American legal history" (Bracey, 37).

provided two of the nine Justices dissented. In his landmark and fiery dissent opinion, Justice McLean pilloried Taney's decision. He argued that the Taney's assertion that the Founding Fathers did not tip over the issue of slavery to be patently fake. Also untrue was the declaration that Blacks "formed no part of the people who frame and adopted this Declaration" (Dred Scott v. Sanford).

McLean's fiery dissent was perhaps a small gleam of silver within the dark sully that was the Dred Scott decisio

The clean imperative of blank supremacy was clearly lurking in the depths of the Plessy decision. It was the dissenting opinion, ironically written by former slaveowner Justice Harlan, that revealed the pervasiveness of this belief. Harlan argued that segregation was necessarily corrupting to Black citizenship, and that Whites should not feel threatened by the front of Blacks. Harlan believed that Whites were the dominant race in the United States and argued that Whites would continue to be supreme if they remained true to their heritage and advanced the ideas of constitutional liberty. Indeed, "Harlan's sympathiser in asserting this proposition is a testament to the pervasiveness of the moral imperative of white supremacy in 19th one C society" (Bracey, 67).

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