Taney Court
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The Taney Court refers to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
from 1836 to 1864, when
Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
served as the fifth Chief Justice of the United States. Taney succeeded
John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point
Salmon P. Chase Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...
took office. Taney had been an important member of
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
's administration, an advocate of
Jacksonian democracy Jacksonian democracy was a 19th-century political philosophy in the United States that expanded suffrage to most white men over the age of 21, and restructured a number of federal institutions. Originating with the seventh U.S. president, And ...
, and had played a major role in the
Bank War The Bank War was a political struggle that developed over the issue of rechartering the Second Bank of the United States (B.U.S.) during the Presidency of Andrew Jackson, presidency of Andrew Jackson (1829–1837). The affair resulted in the shu ...
, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in ''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; t ...
'', in which the court ruled that
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
s could not be
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
s. However, the Taney Court's decisions regarding economic issues and
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.


Membership

Taney was appointed Chief Justice by President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
, who filled a vacancy caused by the death of Chief Justice John Marshall in 1835. Jackson had previously nominated Taney to fill a vacancy caused by the retirement of
Gabriel Duvall Gabriel Duvall (December 6, 1752 – March 6, 1844) was an American politician and jurist. Duvall was an Associate Justice of the Supreme Court of the United States from 1811 to 1835, during the Marshall Court. Previously, Duvall was the Co ...
, but Taney's appointment for that seat was not voted on by the Senate. Duvall's seat was instead filled by Philip P. Barbour in 1836. After the confirmation of Barbour, the Taney Court consisted of Taney, Barbour, and five Associate Justices from the Marshall Court:
Joseph Story Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States ...
,
Smith Thompson Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated ...
,
John McLean John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for ...
, Henry Baldwin, and
James Moore Wayne James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an Associate Justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the 16th Mayor of Savannah, Geo ...
. Jackson appointed
John Catron John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catron's ...
to the bench in 1837 after Congress increased the size of the Supreme Court to nine seats. The same year, President
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...
filled the other newly created seat with the appointment
John McKinley John McKinley (May 1, 1780 – July 19, 1852) was a United States Senate, United States Senator from the U.S. state, state of Alabama and an Associate justice of the Supreme Court of the United States, associate justice of the Supreme Court ...
. Van Buren also appointed Peter Vivian Daniel in 1841 after the death of Barbour. Thompson died in 1843, but President
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president dire ...
was unsuccessful in his attempts to fill the seat. However, Tyler was able to nominate
Samuel Nelson Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concu ...
right before leaving office, and soon after, President
James K. Polk James Knox Polk (November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. He previously was the 13th speaker of the House of Representatives (1835–1839) and ninth governor of Tennessee (183 ...
successfully nominated
Levi Woodbury Levi Woodbury (December 22, 1789September 4, 1851) was an American attorney, jurist, and Democratic politician from New Hampshire. During a four-decade career in public office, Woodbury served as Associate Justice of the Supreme Court of the U ...
a short time after taking office, replacing Thompson and Story. Polk also appointed
Robert Cooper Grier Robert Cooper Grier (March 5, 1794 – September 25, 1870) was an American jurist who served on the Supreme Court of the United States. A Jacksonian Democrat from Pennsylvania who served from 1846 to 1870, Grier weighed in on some of the most i ...
, replacing Baldwin; the vacancy caused by Baldwin's death is the longest in Supreme Court history.
Millard Fillmore Millard Fillmore (January 7, 1800March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853; he was the last to be a member of the Whig Party while in the White House. A former member of the U.S. House of Represen ...
appointed Benjamin Curtis to replace Woodbury in 1851; Curtis is the only Whig-appointed Justice in American history and is the last justice who was not appointed by a member of the Democratic or Republican parties. President
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...
appointed
John Archibald Campbell John Archibald Campbell (June 24, 1811 – March 12, 1889) was an American jurist. He was a successful lawyer in Georgia and Alabama, where he served in the state legislature. Appointed by Franklin Pierce to the United States Supreme Court ...
in 1853, replacing McKinley. Curtis resigned from the court following the 1857 ''Dred Scott'' decision, and President
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was an American lawyer, diplomat and politician who served as the 15th president of the United States from 1857 to 1861. He previously served as secretary of state from 1845 to 1849 and repr ...
appointed
Nathan Clifford Nathan Clifford (August 18, 1803 – July 25, 1881) was an American statesman, diplomat and jurist. Clifford is one of the few people who have served in all three branches of the U.S. federal government. He represented Maine in the U.S. H ...
as his replacement. At the start of the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, Campbell resigned from the court to serve as a
Confederate Confederacy or confederate may refer to: States or communities * Confederate state or confederation, a union of sovereign groups or communities * Confederate States of America, a confederation of secessionist American states that existed between 1 ...
official. McLean and Daniel also died around the same time. In 1862, President
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
appointed
Noah Haynes Swayne Noah Haynes Swayne (December 7, 1804 – June 8, 1884) was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court. Birth and early life Swayne was born in Frederick County, Virg ...
(the first Republican-appointed justice in history),
Samuel Freeman Miller Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an Associate Justice of the Supreme Court of the United States, associate justice of the United States Supreme Court, U.S. Supreme ...
, David Davis to replace them. Lincoln also appointed
Stephen Johnson Field Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this ap ...
to a newly created seat. Taney died in 1864, and Lincoln appointed
Salmon P. Chase Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...
as the new Chief Justice. The Taney Court is notable for its long vacancies, as the three longest vacancies in court history all occurred during Taney's tenure as Chief Justice.


Timeline


Other branches

Presidents during this court included
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
,
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...
,
William Henry Harrison William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...
,
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president dire ...
,
James K. Polk James Knox Polk (November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. He previously was the 13th speaker of the House of Representatives (1835–1839) and ninth governor of Tennessee (183 ...
,
Zachary Taylor Zachary Taylor (November 24, 1784 – July 9, 1850) was an American military leader who served as the 12th president of the United States from 1849 until his death in 1850. Taylor was a career officer in the United States Army, rising to th ...
,
Millard Fillmore Millard Fillmore (January 7, 1800March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853; he was the last to be a member of the Whig Party while in the White House. A former member of the U.S. House of Represen ...
,
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...
,
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was an American lawyer, diplomat and politician who served as the 15th president of the United States from 1857 to 1861. He previously served as secretary of state from 1845 to 1849 and repr ...
, and
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
. Congresses during this court included 24th through the 38th United States Congresses.


Rulings of the Court

The Taney Court issued several major rulings during its tenure, including: *'' Charles River Bridge v. Warren Bridge'' (1837): In a decision delivered by Chief Justice Taney, the court upheld Massachusetts's granting of a charter to construct a bridge over the
Charles River The Charles River ( Massachusett: ''Quinobequin)'' (sometimes called the River Charles or simply the Charles) is an river in eastern Massachusetts. It flows northeast from Hopkinton to Boston along a highly meandering route, that doubles b ...
. The plaintiff, Charles River Bridge Company, owned another bridge on the river, and sued the state, arguing that Massachusetts was breaking a charter it had given the plaintiff in the 18th century. The court held that there was no violation of the
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to keep ...
, and also set an important precedent for a state's ability to promote the general welfare of its people. *''
Luther v. Borden ''Luther v. Borden'', 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Consti ...
'' (1849): In a decision written by Chief Justice Taney, the court refused to intervene in the
Dorr Rebellion The Dorr Rebellion (1841–1842) (also referred to as Dorr's Rebellion, Dorr's War or Dorr War) was an attempt by disenfranchised residents to force broader democracy in the U.S. state of Rhode Island, where a small rural elite was in control of ...
. The plaintiffs alleged that Rhode Island's government violated the
Guarantee Clause The Guarantee Clause, also known as the Republican Form of Government Clause, is in Article IV, Section 4 of the United States Constitution, and requires the United States to guarantee every state a republican form of government and provide protec ...
because it was not republican in nature. The court held that the case was a
non-justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
, and that it is Congress's role to determine whether a state's government qualifies as "republican." *'' Cooley v. Board of Wardens'' (1852): In a decision delivered by Justice Curtis, the court upheld a Pennsylvania law requiring vessels leaving
Philadelphia Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
to use a local pilot or pay a fine. In the decision, the court set an important precedent regarding the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
, charting a middle course between federal and state power. The decision gave states the ability to make some laws affecting interstate commerce, using a balancing test to determine whether state interests outweighed federal interests in uniform laws.Schwartz, 84-88 *''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; t ...
'' (1857): In a 7–2 decision in which all nine justices wrote an opinion, Chief Justice Taney wrote the majority opinion. The court dismissed the plaintiff's suit, and held that the plaintiff remained a slave of the defendant. More importantly, the court also declared that no
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
s (including free blacks) qualified as citizens of the United States, and that Congress did not have the power to ban slavery from the
territories A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
. The decision was strongly condemned by opponents of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
, and was largely overturned by the Fourteenth Amendment. *''
Ableman v. Booth ''Ableman v. Booth'', 62 U.S. (21 How.) 506 (1859), was a United States Supreme Court case in which the Court unanimously held that state courts cannot issue rulings that contradict the decisions of federal courts,Hoiberg, Dale H. (2010) overt ...
'' (1859): In a unanimous decision written by Chief Justice Taney, the court held that federal courts have final say over issues of federal law, and thus state courts have no right to nullify federal court decisions regarding federal law. For a full list of decisions by the Taney Court, see
lists of United States Supreme Court cases by volume The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
, volumes 36 through 68.


See also

*
Aboriginal title in the Taney Court The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Cour ...
*
Criminal law in the Taney Court The Taney Court (the Supreme Court of the United States under Chief Justice Roger B. Taney, 1836–1864) heard thirty criminal law cases, approximately one per year. Notable cases include ''Prigg v. Pennsylvania'' (1842), '' United States v. Rog ...


References


Further reading


Works on the Taney Court

* * * * * *


Other relevant works

* * * * * * * * * * * * * {{Reconstruction era 1830s in the United States 1840s in the United States 1850s in the United States United States Supreme Court history by court Supreme Court of the United States