dred scott v sanford

2
Casenotes: Constitutional Law Sullivan Casenotes: Constitutional Law Sullivan Chapter 7 The Post Civil War Amendments and the "Incorporation" of Fundamental Rights Dred Scott v. Sanford Former slave (P) v. Administrator (D) 60 U.S. (19 How.) 393 (1857). NATURE OF CASE: Action in trespass. FACT SUMMARY: Dred Scott (P) claimed to have been freed from his slave status by his travels to freestates with his master, but Sanford (D) insisted Scott (P) could not bring a federal court action pressing the point because former slaves and their descendants are not "citizens." RULE OF LAW Since they are not "citizens" in the sense in which that word is used in the Constitution, blacks who were slaves in this country, or who are the descendants of such slaves, cannot bring suit in federal court. FACTS: Dred Scott (P), a slave, was taken along on his master's sojourns to the free state of Illinois and the free part of the Missouri Territory (according to the Missouri Compromise). It was after they returned to the slave state of Missouri that the master died, and Sanford (D) became the administrator of his estate. Scott (P) attempted to bring a diversity action in federal court based on his claim that his "residence" in the aforementioned free jurisdictions had liberated him from his status as a slave. He was, he insisted, thus properly considered a "citizen" of Missouri and was therefore entitled to bring suit in federal court against Sanford (D), who was a citizen of another state (New York). Sanford (D) argued that a former slave could not be considered a citizen of the United States or of Missouri. The lower court agreed with him. Scott (P) appealed. ISSUE: Can a former slave be a "citizen" so as to qualify to bring an action in federal court? HOLDING AND DECISION: (Taney, C.J.) No. Blacks who were slaves in this country, or who are the descendants of such slaves are, not "citizens" in the sense in which that word is used in the Constitution and are thus not entitled to maintain an action in federal court. A review of history reveals quite readily that neither class of persons who had been imported as slaves nor their descendants, whether they had become free or not, were acknowledged as part of the "people" but were rather considered as mere property. They simply were not among those who were "citizens" of the several states when the Constitution was adopted, and that is the time frame that must be utilized in determining who was included as a "citizen" in the Constitution. Because he is not a "citizen," Scott (P) cannot maintain this action. DISSENT: (Curtis, J.) To determine whether individuals who were free when the Constitution was adopted were citizens, even though those individuals were the descendants of slaves, the only necessary inquiry is whether those free individuals were citizens of any of the States under the Confederation at the time of the Constitution's adoption. It is a fact that at the time the Articles of Confederation were ratified, all free nativeborn inhabitants of five States were citizens of those States, notwithstanding that they were descended from African slaves. There is nothing in the Constitution that deprived those who were citizens of the

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Famous Supreme Court Case

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Page 1: Dred Scott v Sanford

Casenotes: Constitutional Law ­ Sullivan

Casenotes: Constitutional Law ­ Sullivan Chapter 7 The Post­Civil War Amendments and the "Incorporation" of Fundamental Rights

Copyright © 2013 CCH Incorporated or its affiliates

Dred Scott v. Sanford

Former slave (P) v. Administrator (D)

60 U.S. (19 How.) 393 (1857).

NATURE OF CASE: Action in trespass.

FACT SUMMARY: Dred Scott (P) claimed to have been freed

from his slave status by his travels to free­states with his

master, but Sanford (D) insisted Scott (P) could not bring a

federal court action pressing the point because former slaves

and their descendants are not "citizens."

RULE OF LAW Since they are not "citizens" in the sense

in which that word is used in the Constitution, blacks who

were slaves in this country, or who are the descendants of

such slaves, cannot bring suit in federal court.

FACTS: Dred Scott (P), a slave, was taken along on his

master's sojourns to the free state of Illinois and the free

part of the Missouri Territory (according to the Missouri

Compromise). It was after they returned to the slave state of

Missouri that the master died, and Sanford (D) became the

administrator of his estate. Scott (P) attempted to bring a

diversity action in federal court based on his claim that his

"residence" in the aforementioned free jurisdictions had

liberated him from his status as a slave. He was, he

insisted, thus properly considered a "citizen" of Missouri

and was therefore entitled to bring suit in federal court

against Sanford (D), who was a citizen of another state

(New York). Sanford (D) argued that a former slave could not be

considered a citizen of the United States or of Missouri. The

lower court agreed with him. Scott (P) appealed.

ISSUE: Can a former slave be a "citizen" so as to

qualify to bring an action in federal court?

HOLDING AND DECISION: (Taney, C.J.) No. Blacks who were

slaves in this country, or who are the descendants of such

slaves are, not "citizens" in the sense in which that word is

used in the Constitution and are thus not entitled to

maintain an action in federal court. A review of history

reveals quite readily that neither class of persons who had

been imported as slaves nor their descendants, whether they

had become free or not, were acknowledged as part of the

"people" but were rather considered as mere property. They

simply were not among those who were "citizens" of the

several states when the Constitution was adopted, and that is

the time frame that must be utilized in determining who was

included as a "citizen" in the Constitution. Because he is

not a "citizen," Scott (P) cannot maintain this action.

DISSENT: (Curtis, J.) To determine whether individuals

who were free when the Constitution was adopted were

citizens, even though those individuals were the descendants

of slaves, the only necessary inquiry is whether those free

individuals were citizens of any of the States under the

Confederation at the time of the Constitution's adoption. It

is a fact that at the time the Articles of Confederation were

ratified, all free native­born inhabitants of five States

were citizens of those States, notwithstanding that they were

descended from African slaves. There is nothing in the

Constitution that deprived those who were citizens of the

United States at the time of its adoption of their

citizenship, especially given that those citizens established

the Constitution. The Constitution also contains nothing that

deprives native­born citizens of any State of their

citizenship. Finally, there is nothing in the Constitution

that empowers Congress to disenfranchise any State citizen of

that citizenship. Therefore, every free person born on the

soil of a State, who is a citizen of that State by force of

its Constitution or laws, is also a citizen of the

United States. This is also true of States that came into being

after the Constitution was adopted. When the Constitution was

framed, it was expected that some of the States would cede

their claims to what were then their territories, and that

those territories, and new States formed therefrom, would be

subject to the Constitution. Slavery itself is regulated by

municipal law, and the Framers, who recognized this, and who

knew that a slave was property only in those States where

laws so provided, intended that Congress in its discretion

would determine what regulations, if any, should be made

concerning slavery. This intent can be gleaned from the fact

the Constitution is silent as to the regulation of slavery,

and expresses no intent to interfere with or to displace

these principles. Finally, there is nothing in the

Constitution that supports the proposition that prohibiting

slave owners from bringing their slaves into a Territory

deprives the owners of their property without due process of

law.

ANALYSIS

The justices all knew this was a historically important case;

each one took the time to write an opinion. Besides the

primary opinion by Chief Justice Taney, there were six

concurring and two dissenting opinions. No longer doctrinally

important because of subsequent amendments to the

Constitution resolving of the slavery issues, this case still

serves as a prime example of the view that the Constitution,

as Chief Justice Taney put it, forever speaks "not only in

the same words, but with the same meaning and intent with

which it spoke when it came from the hands of the Framers."

It is a view that has been roundly criticized as too rigid

and formalistic an approach to take toward a document that

must be flexible enough to provide effective and operable

guidelines and governing principles for an ever­evolving

society.

Quicknotes

ACTION OF TRESPASS An action to recover damages

resulting from the wrongful interference with a party's

person, property or rights.

DIVERSITY ACTION An action commenced by a citizen of

one state against a citizen of another state or against an

alien, involving an amount in controversy set by statute,

over which the federal court has jurisdiction.

Page 2: Dred Scott v Sanford

Casenotes: Constitutional Law ­ Sullivan

Casenotes: Constitutional Law ­ Sullivan Chapter 7 The Post­Civil War Amendments and the "Incorporation" of Fundamental Rights

Copyright © 2013 CCH Incorporated or its affiliates

Dred Scott v. Sanford

Former slave (P) v. Administrator (D)

60 U.S. (19 How.) 393 (1857).

NATURE OF CASE: Action in trespass.

FACT SUMMARY: Dred Scott (P) claimed to have been freed

from his slave status by his travels to free­states with his

master, but Sanford (D) insisted Scott (P) could not bring a

federal court action pressing the point because former slaves

and their descendants are not "citizens."

RULE OF LAW Since they are not "citizens" in the sense

in which that word is used in the Constitution, blacks who

were slaves in this country, or who are the descendants of

such slaves, cannot bring suit in federal court.

FACTS: Dred Scott (P), a slave, was taken along on his

master's sojourns to the free state of Illinois and the free

part of the Missouri Territory (according to the Missouri

Compromise). It was after they returned to the slave state of

Missouri that the master died, and Sanford (D) became the

administrator of his estate. Scott (P) attempted to bring a

diversity action in federal court based on his claim that his

"residence" in the aforementioned free jurisdictions had

liberated him from his status as a slave. He was, he

insisted, thus properly considered a "citizen" of Missouri

and was therefore entitled to bring suit in federal court

against Sanford (D), who was a citizen of another state

(New York). Sanford (D) argued that a former slave could not be

considered a citizen of the United States or of Missouri. The

lower court agreed with him. Scott (P) appealed.

ISSUE: Can a former slave be a "citizen" so as to

qualify to bring an action in federal court?

HOLDING AND DECISION: (Taney, C.J.) No. Blacks who were

slaves in this country, or who are the descendants of such

slaves are, not "citizens" in the sense in which that word is

used in the Constitution and are thus not entitled to

maintain an action in federal court. A review of history

reveals quite readily that neither class of persons who had

been imported as slaves nor their descendants, whether they

had become free or not, were acknowledged as part of the

"people" but were rather considered as mere property. They

simply were not among those who were "citizens" of the

several states when the Constitution was adopted, and that is

the time frame that must be utilized in determining who was

included as a "citizen" in the Constitution. Because he is

not a "citizen," Scott (P) cannot maintain this action.

DISSENT: (Curtis, J.) To determine whether individuals

who were free when the Constitution was adopted were

citizens, even though those individuals were the descendants

of slaves, the only necessary inquiry is whether those free

individuals were citizens of any of the States under the

Confederation at the time of the Constitution's adoption. It

is a fact that at the time the Articles of Confederation were

ratified, all free native­born inhabitants of five States

were citizens of those States, notwithstanding that they were

descended from African slaves. There is nothing in the

Constitution that deprived those who were citizens of the

United States at the time of its adoption of their

citizenship, especially given that those citizens established

the Constitution. The Constitution also contains nothing that

deprives native­born citizens of any State of their

citizenship. Finally, there is nothing in the Constitution

that empowers Congress to disenfranchise any State citizen of

that citizenship. Therefore, every free person born on the

soil of a State, who is a citizen of that State by force of

its Constitution or laws, is also a citizen of the

United States. This is also true of States that came into being

after the Constitution was adopted. When the Constitution was

framed, it was expected that some of the States would cede

their claims to what were then their territories, and that

those territories, and new States formed therefrom, would be

subject to the Constitution. Slavery itself is regulated by

municipal law, and the Framers, who recognized this, and who

knew that a slave was property only in those States where

laws so provided, intended that Congress in its discretion

would determine what regulations, if any, should be made

concerning slavery. This intent can be gleaned from the fact

the Constitution is silent as to the regulation of slavery,

and expresses no intent to interfere with or to displace

these principles. Finally, there is nothing in the

Constitution that supports the proposition that prohibiting

slave owners from bringing their slaves into a Territory

deprives the owners of their property without due process of

law.

ANALYSIS

The justices all knew this was a historically important case;

each one took the time to write an opinion. Besides the

primary opinion by Chief Justice Taney, there were six

concurring and two dissenting opinions. No longer doctrinally

important because of subsequent amendments to the

Constitution resolving of the slavery issues, this case still

serves as a prime example of the view that the Constitution,

as Chief Justice Taney put it, forever speaks "not only in

the same words, but with the same meaning and intent with

which it spoke when it came from the hands of the Framers."

It is a view that has been roundly criticized as too rigid

and formalistic an approach to take toward a document that

must be flexible enough to provide effective and operable

guidelines and governing principles for an ever­evolving

society.

Quicknotes

ACTION OF TRESPASS An action to recover damages

resulting from the wrongful interference with a party's

person, property or rights.

DIVERSITY ACTION An action commenced by a citizen of

one state against a citizen of another state or against an

alien, involving an amount in controversy set by statute,

over which the federal court has jurisdiction.