60 U.S. 393 (1857)

Discrimination: Race

Argued on February 11, 1856
Argued on February 12, 1856
Argued on February 13, 1856
Argued on February 14, 1856
Argued on December 15, 1856
Argued on December 16, 1856
Argued on December 17, 1856
Argued on December 18, 1856
Decided on March 6, 1857
Decided on March 7, 1857

         Dred Scott was a slave in Missouri. From 1833 to1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution.

        Was Dred Scott free or slave?

         Dred Scott was a slave. Under Articles III and IV, argued Taney, no one but a citizen of the United States could be a citizen of a state, and that only Congress could confer national citizenship. Taney reached the conclusion that no person descended from an American slave had ever been a citizen for Article III purposes. The Court then held the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all.