Supreme Court DBQ: Dred Scott v.

Sanford
The curriculum, Supreme Court DBQs, was made possible by a generous grant from the National Endowment for the Humanities through its We the People program.

Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

The Court stated that two clauses in the Constitution < point directly and specifically to the negro race as a separate class of persons, and show clearly that they were not regarded as a portion of the people or citizens of the Government then formed in deciding this case.

1. Brown v. Board of Education 2. Plessy v. Ferguson 3. Ex Parte Vallandingham 4. Scott v. Sanford 5. Not Sure

Key Question for Dred Scott v. Sanford p. 13.

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

Dred Scott

Dred Scott v. Sanford, (1857)

Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property without due process of law. And an Act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offense against the laws, could hardly be dignified with the name of due process of law. the right of property in a slave is distinctly and expressly affirmed in the Constitution And no word can be found in the Constitution which gives Congress a greater power over slave property or which entitles property of that kind to less protection than property of any other description.

Read background for Dred Scott, p. 13 Skim documents A-M

Teaching the DBQ Lesson Plan

Analyze the prompt What are the two sides? What did each side want? How did each side interpret critical phrases differently? The thesis statement for this Key Question might be The two sides in the Dred Scott v. Sanford controversy came to such different conclusions in interpreting the same Founding documents because, while the side supporting Dred Scott emphasized <<.., the side representing Sanford emphasized<.

Teaching the DBQ Lesson Plan

After discussing your documents in your groups, please name a spokesperson for your group. Be prepared to share what you learn!

Document Analysis
Document Author & date Answer scaffolding question How each side might use this document to answer the Key Question OR What is the main idea of this document?

Teaching the DBQ Lesson Plan

Group 1: Documents A, B, C, D Group 2: Documents E, F, G, H Group 3: Documents I, J, K, L, M

Document Analysis Document Author & date Answer scaffolding question How each side might use this document to answer the Key Question OR What is the main idea of this document?

Consider: How are slaves described in your documents?

Teaching the DBQ Lesson Plan

Groups share responses
Group 1: Document A, (B, C, D) Group 2: Document E, (F, G, H)

Group 3: Document I, (J, K, L, M)

Teaching the DBQ Lesson Plan

Document Author
Answer scaffolding question

How each side might use this document to answer the Key QuestionOR What is the main idea of this document? Scott would say Ad is evidence that slaves were unjustly considered property & for proof would refer to Fugitive Slave Clause of Constitution. Sanford would say --The law was on Sanfords side; Sanford might argue that Dred Scott should be treated in the same way as a runaway slave.

A. Runaway Thomas Slave Jefferson Advertisement, 1769

To find a runaway slave-- Ad offers a reward for a runaway slave named Sandy.

Teaching the DBQ Lesson Plan

Document Author Answer scaffolding question How each side might use this document to answer the Key QuestionOR What is the main idea of this document?

E. The United States Constitution, 1789

Framers meeting in Phila. -summer 1787

(S)uch persons refers to slaves. States have the power to regulate slavery until 1808. U.S. Congress has the power to regulate slavery.

Scott: U.S. banned importation of slaves in 1808. Scott would emphasize limitations on slavery & on slave trade, as implicit acknowledgement that slavery is wrong. Sanford: These clauses specifically protect slavery, and include a fugitive slave clause. Sanford would emphasize protection of slavery in the form of property rights.

Teaching the DBQ Lesson Plan

Document Author Answer scaffolding question The Constitution protects slavery because it existed and was acknowledged at the founding. Slaves were not considered to be people because they were not part of the political community. Slaves were property, not persons. How each side might use this document to answer the Key QuestionOR What is the main idea of this document? Declaration of Independence: All men are created equal did not include the negro race, who took no part in framing the document. Preamble to the Constitution formed by those who are members of the political community. Two clauses in the Constitution point specifically to the Negro race as a separate class of persons. (A1S9Cl1; A4S1Cl3) The right of property in a slave is specifically affirmed. Neither slaves nor free blacks were or can ever be citizens of the U.S, though they may be citizens of their states.

I. Majority Chief Opinion (7- Justice 2), Dred Taney Scott v. Sanford, 1857

Teaching the DBQ Lesson Plan

Discussion?what was the most interesting issue your group explored? Debriefhow might you use this lesson with your students?

Chief Justice Roger Taney

The Court stated that two clauses in the Constitution < point directly and specifically to the negro race as a separate class of persons, and show clearly that they were not regarded as a portion of the people or citizens of the Government then formed in deciding this case.

1. Brown v. Board of Education 2. Plessy v. Ferguson 3. Ex Parte Vallandingham 4. Scott v. Sanford 5. Not Sure

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