The Least Dangerous Branch? · Episode 4 of 13 · 39 min
Dred Scott: The Ruling That Helped Cause the Civil War
In 1857 the Supreme Court ruled that Black Americans could never be citizens and that Congress could not ban slavery in the territories. The episode follows Dred and Harriet Scott's freedom suit, Chief Justice Taney's opinion, and the dissents. An attempt to settle slavery by judicial fiat helped ignite the Civil War, until the 13th and 14th Amendments overturned it.
Who's who
- Dred ScottEnslaved man who sued for freedom after living on free soil
- Harriet Robinson ScottDred's wife and co-plaintiff
- Roger B. TaneyChief Justice who wrote the majority opinion
- Benjamin Robbins CurtisJustice whose powerful dissent led him to resign
- John McLean+1 more episodeJustice from Ohio and the other principal dissenter
- James Buchanan+1 more episodePresident who urged acceptance of the coming decision
- Abraham Lincoln+7 more episodesIllinois politician whose critique shaped the 1858 debates
- John F. A. SanfordDefendant whose name was misspelled 'Sandford' in the case title
Where it happens
- Fort Snelling, Wisconsin TerritoryFree federal territory where the Scotts had lived
- Illinois+3 more episodesFree state where Scott was taken
Timeline
- 1820The Missouri Compromise bars slavery north of the 36 30 line.
- 1846Dred and Harriet Scott file freedom suits in Missouri state court.
- 1852Missouri Supreme Court reverses its own 'once free, always free' precedent.
- March 6, 1857Supreme Court rules 7-2 against Scott.
- 1858The decision dominates the Lincoln-Douglas debates.
- 1865 / 1868The 13th and 14th Amendments abolish slavery and overrule Dred Scott.
Still debated
Historians debate whether Taney sincerely applied original understanding or consciously legislated a pro-slavery result. They also disagree on whether the ruling caused the war or was one accelerant among many, such as the Kansas-Nebraska Act.
← PreviousMarbury v. Madison: How the Court Gave Itself Its Greatest PowerNext →How the Supreme Court Legalized Jim Crow
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