On this day, March 6, 1857, the decision in Dred Scott v. Sandford was handed down.

[mahatmakanejeeves]

Dred Scott v. Sandford

Argued February 11–14, 1856
Reargued December 15–18, 1856
Decided March 6, 1857

Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst ever rendered in the Supreme Court's history, being widely denounced for its overt racism, perceived judicial activism and poor legal reasoning, and for its crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". Chief Justice Charles Evans Hughes called it the Court's "greatest self-inflicted wound".

The decision involved the case of Dred Scott, an enslaved black man whose owners had taken him from Missouri, a slave-holding state, into Illinois and the Wisconsin Territory, where slavery was illegal. When his owners later brought him back to Missouri, Scott sued for his freedom and claimed that because he had been taken into "free" U.S. territory, he had automatically been freed and was legally no longer a slave. Scott sued first in Missouri state court, which ruled that he was still a slave under its law. He then sued in U.S. federal court, which ruled against him by deciding that it had to apply Missouri law to the case. He then appealed to the U.S. Supreme Court.

In March 1857, the Supreme Court issued a 7–2 decision against Scott. In an opinion written by Chief Justice Roger Taney, the Court ruled that people of African descent "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States". Taney supported his ruling with an extended survey of American state and local laws from the time of the Constitution's drafting in 1787 that purported to show that a "perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery". Because the Court ruled that Scott was not an American citizen, he was also not a citizen of any state and, accordingly, could never establish the "diversity of citizenship" that Article III of the U.S. Constitution requires for a U.S. federal court to be able to exercise jurisdiction over a case. After ruling on those issues surrounding Scott, Taney struck down the Missouri Compromise as a limitation on slave owners' property rights that exceeded the U.S. Congress's constitutional powers.

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Supreme Court decision

On March 6, 1857, the U.S. Supreme Court ruled against Dred Scott in a 7–2 decision that fills over 200 pages in the United States Reports. The decision contains opinions from all nine justices, but the "majority opinion" has always been the focus of the controversy.

Opinion of the Court



Chief justice Roger Taney, the author of the majority opinion in the Supreme Court's Dred Scott decision

Seven justices formed the majority and joined an opinion written by Chief Justice Roger Taney. Taney began the Court's opinion with what he saw as the core issue in the case: whether or not black people could possess federal citizenship under the U.S. Constitution.

The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all of the rights, and privileges, and immunities, guarantied [sic] by that instrument to the citizen?
— Dred Scott, 60 U.S. at 403.

In answer, the Court ruled that they could not. It held that black people could not be American citizens, and therefore a lawsuit to which they were a party could never qualify for the "diversity of citizenship" that Article III of the Constitution requires for American federal courts to have jurisdiction over cases that do not involve federal questions.

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Mon Mar 6, 2023: On this day, March 6, 1857, the decision in Dred Scott v. Sandford was handed down.

Hat tip, Wikipedia

[Voltaire2]

1. This was once the worst supreme court in our history. nt.