Write a short paper (2-3 pages) in which you review and critically evaluate Taney’s opinion. What are the two constitutional issues, as Taney defines them? [one has to do with citizenship, and one has to do the power of Congress to govern territories conquered by the United States in which states are not yet in existence]. How does Taney address and resolve these two issues? What is his method of constitutional interpretation? Finally, is this a faithful or at least plausible reading of the meaning of the Constitution?

The Supreme Court’s opinion in the Dred Scott case is widely regarded as a leading “anti-precedent,” a glaring example of what the Court should not do. This condemnation generally invokes the majority’s racism and ideas about the proper role of the Court. However, Chief Justice Taney wants to convince us that he is faithfully and accurately interpreting the Constitution of the United States as it existed prior to the Civil War Amendments. Is he?

Write a short paper (2-3 pages) in which you review and critically evaluate Taney’s opinion. What are the two constitutional issues, as Taney defines them? [one has to do with citizenship, and one has to do the power of Congress to govern territories conquered by the United States in which states are not yet in existence]. How does Taney address and resolve these two issues? What is his method of constitutional interpretation? Finally, is this a faithful or at least plausible reading of the meaning of the Constitution?

only use the two sources i have provided for you thanks 🙂

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