Chief Justice Taney and Slavery
analytical Essay
1736 words
The Art of Avoidance; Chief Justice Taney and the Question of Slavery “Their present decision is equivalent to a repeal of law and the making of law. This is not adjudication, it is mere usurpation. It is the substitution of mere arbitrary will in the place of the solemn and responsible functions of an impartial judicature.”[1] The 1857 Dred Scott decision proved that Chief Justice Roger Taney’s sadistic racism could be eclipsed only by his unbounded arrogance. Using outright lies regarding the intentions of the Framers, he temporarily sacrificed the entire African race, and directed the Supreme Court to move in and illegitimate and supercede the powers vested to Congress by the Constitution. Dred Scott brought the integrity of the court into question as Taney twisted and misrepresented precedent and the Constitution to fulfill the wishes of his own biased mind and those of his political party, leading one contemporary lawyer to ask, “If the opinions of these judges were as much calculated to do their party injury as they are to do it a benefit, do you, on your conscience, believe that those opinions ever would have been delivered?”[2] The opinion by Taney, and its’ outcome, were equally convoluted, and equally disastrous to many factions of Americans and the controversy it incited strongly contributed to divisions among the Democrats and Whigs that led to the 1860 Republican victory by Abraham Lincoln, and ironically the Civil War. The first task the Court set out on was to bring into question the jurisdiction of Scott’s case under the Federal Courts, both the Supreme and the Circuit. Taney argued correctly that a case brought before a Federal Court must involve a discre... ... middle of paper ... ... Co., 1859).http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst022div3)) (December 14, 2002) [4] Chief Justice Roger B. Taney in Dred Scott v. John Sandford, 1856, (New York: Van Evrie, Horton & Co., 1859). http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst022div3)) (December 14, 2002) [5] Chief Justice Roger B. Taney in Dred Scott v. John Sandford, 1856, (New York: Van Evrie, Horton & Co., 1859). http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(llst022div3)) (December 14, 2002) [6] A Review of the Decision of the Supreme Court of the United States in the Dred Scott Case (Louisville, Ky., Morton & Griswold, printers, 1857). http://memory.loc.gov/cgi-bin/query/r?ammem/llst:@field(DOCID+@lit(rbcmisclst0084div1)): (December 14,2002) [7] Ibid. [8] Ibid.
In this essay, the author
- Analyzes taney's argument that people of african decent were excluded from the privileges and rights granted to citizens of the united states.
- Analyzes how taney's assertion can be construed as an out and out lie, created and molded to fit a fundamentally unsound decision.
- Analyzes how roger taney's decision to strike down the missouri compromise as unconstitutional was a discrediting moment in his life.
- Analyzes how the supreme court acted on their political leanings by practicing extra-judicial opinion making. the argument was based in political conflict, not questions of constitutionality.
- Argues that justice taney's intentions were noble, but his forethought was not. the missouri compromise was a political hot-potato that pleased few and outraged many.
- Explains the supreme court's decision in the dred scott case.
- Analyzes how the 1857 dred scott decision proved that chief justice roger taney's sadistic racism could be eclipsed only by his unbounded arrogance.
- Analyzes the supreme court's decision in dred scott v. john sandford, 1856, and chief justice roger b. taney in the case.
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