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Lesson

Dred Scott v. Sanford (1857)

Guiding question

How did the two sides in the Dred Scott decision interpret the same Founding documents and come to such different conclusions?

Grade
9–12
Published
Nov 5, 2020
U.S. Supreme Court building with an American flag waving in front and the words "Equal Justice" inscribed above.
Case background and primary source documents concerning the Supreme Court case of Dred Scott v. Sanford. This case deals with the issues of slavery, states’ rights, and the interpretation of our Founding documents. This lesson focuses on the question of how the two sides in the Dred Scott decision interpreted the same Founding documents and came to such different conclusions.

Founding Principles

Federalism

Virtues

Justice

Learning objectives

1. Students apply the following constitutional principles to analyze the legal controversies surrounding the case of Dred Scott v. Sanford (1857).

  • Federalism: a system of dual sovereignty in which the people delegate certain powers to the national government, while the states retain other powers; and the people, who authorize the states and national government, retain all freedoms not delegated to the governing bodies.
  • Due process: government must interact with all citizens according to the duly-enacted laws, applying these rules equally among all citizens.
  • Liberty: Except where authorized by citizens through the Constitution, government does not have the authority to limit freedom.

2. Students analyze how the two sides in the Dred Scott decision interpreted the same Founding documents and came to such different conclusions.

Materials

Documents you will examine:

  1. Runaway Slave Advertisement, 1769
  2. The Declaration of Independence, 1776
  3. Draft Declaration of Independence, 1776
  4. Preamble to the United States Constitution, 1789
  5. The United States Constitution, 1789
  6. The Missouri Compromise, 1820
  7. Anti-Abolitionist Handbill, 1837
  8. Fugitive Slave Act of 1850
  9. Majority Opinion (7-2), Dred Scott v. Sanford, 1857
  10. Dissenting Opinion, Dred Scott v. Sanford, 1857
  11. Frederick Douglass, Speech on the Dred Scott Decision, 1857
  12. Abraham Lincoln, Speech on the Dred Scott Decision 1857
  13. “The Political Quadrille, Music By Dred Scott,” 1860

Lesson Components

ActivityDred Scott v. Sanford – Case Background
ActivityDocuments to Examine (A-M) – Dred Scott v. Sanford (1857)
ActivityThe Issue Endures – Amendment XIV (1868)
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Related materials

Image of the Supreme Court with the text "Dred Scott v. Sanford" and "Bill of Rights Institute" in a highlighted design.
VideoDred Scott v. Sandford | Homework Help from the Bill of Rights Institute

The Dred Scott v. Sandford case of 1857 was brought to the Supreme Court just four years before the start of the Civil War. Dred Scott sued his master for his freedom and Judge Robert Taney ultimately ruled two things. First, African Americans were not citizens and had no right to sue in court. Second, Congress did not have the constitutional authority to ban slavery from the states. This case is considered one of the worst rulings in the history of the Supreme Court.

Illustration depicting two scenes: individuals in distress on the left, and a family farewell on the right.
LessonDred Scott v. Sandford DBQ

What attempts were made to resolve the issue of slavery in the U.S. territories?