A drawing of two African slaves.

Dred Scott v. Sandford (1857)

Slaves Are Not Citizens and Cannot Sue

A wood engraving of Dred Scott and his wife Harriet Scott by John H. Fitzgibbon, St. Louis.

Photo Credit: Wood engravings after photographs by Fitzgibbon, St. Louis, Public domain, via Wikimedia Commons

Dred Scott v. Sandford (1857)

Slaves Are Not Citizens and Cannot Sue

Overview

In 1834, Dred Scott, an enslaved person, was purchased in Missouri and then brought to Illinois, a free (non-slave) state. He later moved with his enslaver to present-day Minnesota, where slavery had been recently prohibited, and then back to Missouri. When his enslaver died, Scott sued the widow to whom he was left, claiming he was no longer an enslaved person because he had become free after living in a free state. At a time when the country was in deep conflict over slavery, the Supreme Court decided that Dred Scott was not a “citizen of the state” so it had no jurisdiction in the matter, but the majority opinion also stated that Dred Scott was not a free man.

A drawing of two African slaves.

A wood engraving of Dred Scott and his wife Harriet Scott by John H. Fitzgibbon, St. Louis.

Photo Credit: Wood engravings after photographs by Fitzgibbon, St. Louis, Public domain, via Wikimedia Commons

"We think they [people of African ancestry] are . . . not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States."

- Chief Justice Taney, speaking for the majority

Learning About Dred Scott v. Sandford

Teachers

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About the Case

Learning Activities

Teacher Resources

Planning Time and Activities

If you have ONE day...

  • Begin with the background summary and questions (•••, ••, •). Use the Tracing Dred Scott's Travels activity to help students understand the facts of the case.
  • Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing.
  • For homework, have students read the Key Excerpts from the Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have TWO days...

If you have THREE days...

If you have FOUR days...

Glossary

These are terms you will encounter during your study of Dred Scott v. Sandford. View all Glossary terms here.

Legal Concepts

These are legal concepts seen in Dred Scott v. Sandford. Click a legal concept for an explanation and a list of other cases where it can be seen. View all Legal Concepts here.