Thematic Essay

Throughout United States history, Supreme Court decisions have addressed the issue of the constitutional rights of various groups. These decisions have limited the rights of members of these groups. The rights of individuals has consistently been the focus of many judicial cases. The ability of the Supreme Court to interpret the Constitution effectively breathes life into it, allowing it to grow and and change depending on the needs of our changing society. One example of the Supreme Court making a decision that strongly effected the rights of a group of individuals was Dred Scott vs. Sanford. Another case is Brown vs. Board of Education of Topeka.

In the beginning of the 19th century, the slavery issue was becoming more divisive especially about the question of its expansion into the new western territories. The Missouri Compromise attempted to settle the issue by dividing the Louisiana Territory at 36'30' with slavery allowed south of the line and forbidden north of it. Dred Scott was a slave who had spent time with his master in the free North. Upon returning to a slave state, Scott sued for his freedom claiming he had achieved it during his time in the free state. The Supreme Court decided that he had not gained his independence as slaves were private property and property is protected by the constitution. The court continued to state that because of the protection the constitution offered to property in the fifth amendment. The Missouri Compromise was unconstitutional and slavery became a permanent institution that could not be legally banned in any territory of the United States. The court further ruled that Scott was not eligible to sue because African Americans were not citizens. This severely limited the rights of blacks as their status effectively became secured as a slave even if they could escape to a free state they would still legally be a slave. Even if they were legally free, the decision limited them to a a life without any of the rights of citizens. It would take a bloody Civil War and amendments to the constitution to overturn Dred Scott vs. Sanford.

Brown vs. Board of Education of Topeka came about because the established theory of separate but equal facilities which allowed segregation under Jim Crow laws, had been upheld in Plessy vs. Ferguson. Brown was a young black girl who had been attending a school for blacks far away from her home. She lived near an all-white school. Her parents and the NAACP sued claiming that she should be allowed to attend the same school as whites. The Supreme Court wrote that segregating schools was psychologically damaging as it instilled thoughts of inferiority in African American children. The court decided that "seperate but equal" was in face not equal and found segregation in public education was unconstitutional. This decision greatly increased the rights of blacks due to the newly gained ability to use schools previously

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