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The Taney Court: Difference between revisions

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'''The Taney Court''' lasted from March 1836 to October 1864, during the presidencies of [[Federal judges nominated by Andrew Jackson|Andrew Jackson]], [[Federal judges nominated by Martin Van Buren|Martin Van Buren]], [[Federal judges nominated by William Henry Harrison|William Henry Harrison]], [[Federal judges nominated by John Tyler|John Tyler]], [[Federal judges nominated by Zachary Taylor|Zachary Taylor]], [[Federal judges nominated by Millard Fillmore|Millard Fillmore]], [[Federal judges nominated by Franklin Pierce|Franklin Pierce]], [[Federal judges nominated by James Buchanan|James Buchanan]], and [[Federal judges nominated by Abraham Lincoln|Abraham Lincoln]]. [[Roger Brooke Taney]] received his nomination as the fifth Supreme Court [[Chief Justice]] by President [[Andrew Jackson]].  
'''The Taney Court''' lasted from March 1836 to October 1864, during the presidencies of [[Federal judges nominated by Andrew Jackson|Andrew Jackson]], [[Federal judges nominated by Martin Van Buren|Martin Van Buren]], [[Federal judges nominated by William Henry Harrison|William Henry Harrison]], [[Federal judges nominated by John Tyler|John Tyler]], [[Federal judges nominated by Zachary Taylor|Zachary Taylor]], [[Federal judges nominated by Millard Fillmore|Millard Fillmore]], [[Federal judges nominated by Franklin Pierce|Franklin Pierce]], [[Federal judges nominated by James Buchanan|James Buchanan]], and [[Federal judges nominated by Abraham Lincoln|Abraham Lincoln]]. [[Roger Brooke Taney]] received his nomination as the fifth Supreme Court [[Chief Justice]] by President [[Andrew Jackson]].  
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Taney was later confirmed by the Senate and served from March 15, 1836, to October 12, 1864. He had been previously nominated as an [[Associate Justice]] of the Supreme Court in 1835, but his nomination was indefinitely postponed.<ref>[http://www.fjc.gov/servlet/nGetInfo?jid=2336&cid=1&ctype=sc&instate=na Supreme Court of the United States: Roger Brooke Taney] from the [[Federal Judicial Center]]</ref>  
Taney was later confirmed by the Senate and served from March 15, 1836, to October 12, 1864. He had been previously nominated as an [[Associate Justice]] of the Supreme Court in 1835, but his nomination was indefinitely postponed.<ref>[http://www.fjc.gov/servlet/nGetInfo?jid=2336&cid=1&ctype=sc&instate=na Supreme Court of the United States: Roger Brooke Taney] from the [[Federal Judicial Center]]</ref>  


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==About Chief Justice Roger Brooke Taney==
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==Associate justices==
==Associate justices==
The justices in this table served during the Taney Court.
The justices in this table served during the Taney Court.
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{{Notable case format|Level = Judge|Title = Prisoners of the federal government cannot be released by the state (1858)|Case Link = http://www.law.cornell.edu/supremecourt/text/62/506|Case name = ''Ableman v. Booth''|Case number = 62 U.S. 506|Case status = closed|Judge = [[Roger B. Taney]]|Court = Supreme Court of the United States|Text = A fugitive slave named Joshua Glover was being held in Milwaukee, Wisconsin. Despite Sherman Booth's petitions to free Glover, he was ultimately only freed after a mob freed him. Booth was charged with aiding in freeing Glover. Booth petitioned the Supreme Court of Wisconsin for his release through a writ of habeas corpus. After being freed, he was again detained before his case was brought before the Supreme Court of the United States. On March 7, 1859, the Court reversed the decision and unanimously ruled that the Supreme Court of Wisconsin did not have the right to release Booth since he was a prisoner of the federal government.<ref>[http://www.oyez.org/cases/1851-1900/1858/1858_0 ''Oyez'', ''Ableman v. Booth'']</ref>}}
{{Notable case format|Level = Judge|Title = Prisoners of the federal government cannot be released by the state (1858)|Case Link = http://www.law.cornell.edu/supremecourt/text/62/506|Case name = ''Ableman v. Booth''|Case number = 62 U.S. 506|Case status = closed|Judge = [[Roger B. Taney]]|Court = Supreme Court of the United States|Text = A fugitive slave named Joshua Glover was being held in Milwaukee, Wisconsin. Despite Sherman Booth's petitions to free Glover, he was ultimately only freed after a mob freed him. Booth was charged with aiding in freeing Glover. Booth petitioned the Supreme Court of Wisconsin for his release through a writ of habeas corpus. After being freed, he was again detained before his case was brought before the Supreme Court of the United States. On March 7, 1859, the Court reversed the decision and unanimously ruled that the Supreme Court of Wisconsin did not have the right to release Booth since he was a prisoner of the federal government.<ref>[http://www.oyez.org/cases/1851-1900/1858/1858_0 ''Oyez'', ''Ableman v. Booth'']</ref>}}
==About the court==
::''See also: [[Supreme Court of the United States]]''
{{#section:Supreme Court of the United States|intro}}
{{SCOTUSnumjustices}}


==See also==
==See also==
* [[History of the Supreme Court]]
* [[History of the Supreme Court]]
* [[Roger B. Taney]]
* [[Roger B. Taney]]
{{SCOTUS CJ seealso}}


==External links==
==External links==
* [http://www.supremecourthistory.org/history-of-the-court/history-of-the-court-2/the-taney-court-1836-1864/ The Supreme Court Historical Society, The Taney Court]
{{Google}}
 
* [https://supremecourthistory.org/history-of-the-court-timeline-of-the-justices-roger-brooke-taney-1836-1864/ ''Supreme Court Historical Society'', "The Taney Court"]
*[https://web.archive.org/web/20141012015906/https://supremecourthistory.org/history_timeline.html ''Supreme Court Historical Society,'' "Timeline of the Justices"]
*[https://www.supremecourt.gov/ U.S. Supreme Court]
*[https://www.scotusblog.com/ ''SCOTUSblog'']
==Footnotes==
==Footnotes==
{{reflist}}
{{reflist}}


{{Chief Justice Eras}}
{{Chief Justice Eras}}
 
{{Justices of SCOTUS}}
[[category:SCOTUS chief justice pages]]
[[category:SCOTUS chief justice pages]]
[[category:Major cases of the Taney Court]]
[[category:Major cases of the Taney Court]]
[[category:Roger Taney]]
[[category:Roger Taney]]
[[Category:United States Supreme Court]]
[[Category:United States Supreme Court]]

Revision as of 21:21, 4 March 2022


RogerTaney.jpg
SCOTUS
Seal of SCOTUS.png
Cases by term
Judgeships
Posts: 9
Judges: 9
Judges
Chief: John Roberts
Active: Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh, John Roberts, Sonia Sotomayor, Clarence Thomas



The Taney Court lasted from March 1836 to October 1864, during the presidencies of Andrew Jackson, Martin Van Buren, William Henry Harrison, John Tyler, Zachary Taylor, Millard Fillmore, Franklin Pierce, James Buchanan, and Abraham Lincoln. Roger Brooke Taney received his nomination as the fifth Supreme Court Chief Justice by President Andrew Jackson.

Taney was later confirmed by the Senate and served from March 15, 1836, to October 12, 1864. He had been previously nominated as an Associate Justice of the Supreme Court in 1835, but his nomination was indefinitely postponed.[1]

Associate justices

The justices in this table served during the Taney Court.

Tenure Justice Nominated By
11/18/1811 - 09/10/1845 Joseph Story James Madison
12/09/1823 - 12/18/1843 Smith Thompson James Monroe
01/06/1830 - 04/21/1844 Henry Baldwin Andrew Jackson
03/07/1829 - 04/04/1861 John McLean Andrew Jackson
01/09/1835 - 07/05/1867 James Moore Wayne Andrew Jackson
03/15/1836 - 02/15/1841 Philip Pendelton Barbour Andrew Jackson
03/03/1837 - 05/30/1865 John Catron Andrew Jackson
09/25/1837 - 07/19/1852 John McKinley Martin Van Buren
03/03/1841 - 05/31/1860 Peter Vivian Daniel Martin Van Buren
01/03/1846 - 09/04/1851 Levi Woodbury James Polk
02/13/1845 - 11/28/1872 Samuel Nelson James Polk
08/04/1846 - 01/31/1870 Robert Cooper Grier James Polk
12/20/1851 - 09/30/1857 Benjamin Robbins Curtis Millard Fillmore
03/22/1853 - 04/30/1861 John Archibald Campbell Franklin Pierce
01/12/1958 - 07/25/1881 Nathan Clifford James Buchanan
07/16/1862 - 10/13/1890 Samuel Freeman Miller Abraham Lincoln
12/08/1862 - 03/04/1877 David Davis Abraham Lincoln
01/24/1862 - 01/24/1881 Noah Haynes Swayne Abraham Lincoln
03/10/1863 - 12/01/1897 Stephen Johnson Field Abraham Lincoln

Major cases

The state has the right to protect its citizens (1837)
See also: Supreme Court of the United States (New York v. Miln, 36 U.S. 102)

Miln was the master of the ship the "Emily" that was docking in New York. When he refused to comply with the New York State law that called for him to provide a list of passengers and to use security to prevent them from becoming public charges, New York City tried to penalize him. Despite the Commerce Clause, the Supreme Court affirmed the previous decision and ruled in favor of New York on January 27, 1837, saying that it had the right to protect its citizens.[2]

Court finds for the State of Kentucky (1837)
See also: Supreme Court of the United States (Briscoe v. Bank of Kentucky, 36 U.S. 1837)

Briscoe was sued by the Bank of Kentucky because he failed to repay the bank note issued as currency by the Bank of Kentucky. Briscoe claimed the Bank of Kentucky violated the Constitution. However on February 11, 1837, the Supreme Court found in favor of the Bank of Kentucky, since the promissory notes were issued on the bank's line of credit.[3]

Community interest over private property (1837)
See also: Supreme Court (Charles River Bridge v. Warren Bridge, 36 U.S. 420)

In 1828, the Massachusetts legislature wanted to build a bridge and established the Warren Bridge Company to do so. Since it would compete for traffic and tolls with the nearby Charles River Bridge, the Charles River Bridge filed suit, arguing that the initial contract from the legislature was defaulted.[4] On February 12, 1837, the Supreme Court decided 5-2 in favor of the Warren Bridge, saying that the state never entered into an agreement restricting the construction of another bridge nearby the Charles River Bridge.[5] This marked a shift from national rights that were emphasized in the Marshall Court to state rights in the Taney Court.[4]

State laws violating federal laws are unconstitutional (1842)
See also: Supreme Court (Prigg v. Pennsylvania, 41 U.S. 539)

A slave named Margaret Morgan, whose owner granted her near freedom, moved from Maryland to Pennsylvania. Pennsylvania had laws in place to prohibit people from taking blacks out of the state in order to enslave them. However, relatives of Morgan's owner wanted Morgan back in Maryland as a slave, so they sent Edward Prigg to capture Morgan and return her to Maryland. Prigg was convicted of violating the laws set in place to stop blacks from being removed from the state into slavery. On March 1, 1842, the Supreme Court ruled that the Pennsylvania laws violated the Constitution, and were, therefore, unconstitutional. Justice Story did, however, say that state laws dictating the recapture of slaves from free states only needed to be enforced by federal officials and not state magistrates.[6]

Congress and the President have the right to address creation of republican governments (1849)
See also: Supreme Court of the United States (Luther v. Borden, 48 U.S. 1)

In 1841, Rhode Island was still using a system of government established in 1663. When groups came together to draft a new constitution and elect a new governor, the government declared martial law and stopped the dissidents. Martin Luther brought a suit against the Rhode Island government, since it was not "a republican form of government." On January 3, 1840, the Supreme Court ruled that it was the power of Congress and the President to address issues of creating republican forms of government and controlling domestic violence. Roger B. Taney authored the decision, with Levi Woodbury dissenting.[7]

Blacks cannot be citizens (1857)
See also: Supreme Court of the United States (Dred Scott v. Sandford, US 54729-23-6832)

Born into slavery in the early 19th century, Dred Scott traveled with his owner Dr. John Emerson as he worked in military camps. Some of this travel left Scott living in free states. On April 6, 1846, after Emerson had died, the Scotts filed for their freedom on the grounds that they had lived in free states.[8] On March 6, 1857, the Supreme Court ruled in favor of Sandford, who was arguing against Scott, in a 7-2 vote. The author and Chief Justice, Roger B. Taney, wrote that Negroes could not be United States citizens, therefore, Scott could not bring his suit in front of the Supreme Court. The Court also ruled the Missouri Compromise unconstitutional. As a result of the decision, blacks were not afforded government or court protection, and Congress could no longer ban slavery from a federal territory. This decision led to increased tensions in the United States regarding slavery.[9]

Prisoners of the federal government cannot be released by the state (1858)
See also: Supreme Court of the United States (Ableman v. Booth, 62 U.S. 506)

A fugitive slave named Joshua Glover was being held in Milwaukee, Wisconsin. Despite Sherman Booth's petitions to free Glover, he was ultimately only freed after a mob freed him. Booth was charged with aiding in freeing Glover. Booth petitioned the Supreme Court of Wisconsin for his release through a writ of habeas corpus. After being freed, he was again detained before his case was brought before the Supreme Court of the United States. On March 7, 1859, the Court reversed the decision and unanimously ruled that the Supreme Court of Wisconsin did not have the right to release Booth since he was a prisoner of the federal government.[10]

About the court

See also: Supreme Court of the United States


The Supreme Court of the United States is the highest judicial body in the country and leads the judicial branch of the federal government. It is often referred to by the acronym SCOTUS.[11]

The Supreme Court consists of nine justices: the Chief Justice of the United States and eight Associate Justices. The justices are nominated by the president and confirmed with the "advice and consent" of the United States Senate per Article II of the United States Constitution. As federal judges, the justices serve during "good behavior," which means that justices have tenure for life unless they are removed by impeachment and subsequent conviction.[12]

On January 27, 2022, Justice Stephen Breyer officially announced he would retire at the start of the court's summer recess.[13][14] Breyer assumed senior status on June 30, 2022.[15] Ketanji Brown Jackson was confirmed to fill the vacancy by the Senate in a 53-47 vote on April 7, 2022.[16] Click here to read more.

The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress.

The Supreme Court meets in Washington, D.C., in the United States Supreme Court building. The Supreme Court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[12]

Number of seats on the Supreme Court over time

See also: History of the Supreme Court
Number of Justices Set by Change
Chief Justice + 5 Associate Justices Judiciary Act of 1789
Chief Justice + 4 Associate Justices Judiciary Act of 1801 (later repealed)
-1
Chief Justice + 6 Associate Justices Seventh Circuit Act of 1807
+2
Chief Justice + 8 Associate Justices Eighth and Ninth Circuits Act of 1837
+2
Chief Justice + 9 Associate Justices Tenth Circuit Act of 1863
+1
Chief Justice + 6 Associate Justices Judicial Circuits Act of 1866
-3
Chief Justice + 8 Associate Justices Judiciary Act of 1869
+2


See also


External links

Footnotes

  1. ↑ Supreme Court of the United States: Roger Brooke Taney from the Federal Judicial Center
  2. ↑ Oyez, New York v. Miln
  3. ↑ Oyez, Briscoe v. Bank of Kentucky
  4. ↑ 4.0 4.1 PBS, "Landmark Cases: Charles River Bridge v. Warren Bridge"
  5. ↑ Oyez, Charles River Bridge v. Warren Bridge
  6. ↑ Oyez, Prigg v. Pennsylvania
  7. ↑ Oyez, Luther v. Borden
  8. ↑ Missouri Government, “Missouri’s Dred Scott Case, 1846-1857"
  9. ↑ Our Documents, Dred Scott v. Sanford
  10. ↑ Oyez, Ableman v. Booth
  11. ↑ The New York Times, "On Language' Potus and Flotus," October 12, 1997
  12. ↑ 12.0 12.1 SupremeCourt.gov, "A Brief Overview of the Supreme Court," accessed April 20, 2015
  13. ↑ United States Supreme Court, "Letter to President," January 27, 2022
  14. ↑ YouTube, "President Biden Delivers Remarks on the Retirement of Supreme Court Justice Stephen Breyer," January 27, 2022
  15. ↑ Federal Judicial Center, "Breyer, Stephen Gerald," accessed April 13, 2023
  16. ↑ Congress.gov, "PN1783 — Ketanji Brown Jackson — Supreme Court of the United States," accessed April 7, 2022
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