scdbq dred scott

Supreme Court DBQ: Dred Scott v. Sanford

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DBQs, was made possible by a

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http://upload.wikimedia.org/wikipedia/commons/9/97/DredScott.jpg

Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

The Court stated that “two clauses in the Constitution … point directly and specifically to the negro race as a separate class of persons, and show clearly that they

were not regarded as a portion of the people or citizens of the Government then formed” in deciding this case.

1. Brown v. Board of Education

2. Plessy v. Ferguson

3. Ex Parte Vallandingham

4. Scott v. Sanford

5. Not Sure

Key Question for Dred Scott v. Sanford p. 13.

Dred Scott

Analyze how the two sides in the Dred Scott decision interpreted the same Founding documents and came to such different conclusions.

http://upload.wikimedia.org/wikipedia/commons/9/97/DredScott.jpg

Dred Scott v. Sanford, (1857) …Thus the rights of property are united with the rights

of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property without due process of law. And an Act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offense against the laws, could hardly be dignified with the name of due process of law….

… the right of property in a slave is distinctly and expressly affirmed in the Constitution …

… And no word can be found in the Constitution which gives Congress a greater power over slave property or which entitles property of that kind to less protection than property of any other description….

Read background for Dred Scott, p. 13

Skim documents A-M

Teaching the DBQ Lesson PlanAnalyze the prompt—–What are the two sides?–What did each side want?–How did each side interpret critical

phrases differently?The thesis statement for this Key

Question might be “The two sides in the Dred Scott v. Sanford controversy came to such different conclusions in interpreting the same Founding documents because, while the side supporting Dred Scott emphasized …….., the side representing Sanford emphasized….

Teaching the DBQ Lesson Plan

Document AnalysisDocument & date

Author Answer scaffolding question

How each side might use this document to answer the Key Question—OR—What is the main idea of this document?

After discussing your documents in your groups, please name a spokesperson for

your group.

Be prepared to share what you learn!


Document Analysis

Document & date



Group 1: Documents A, B, C, D

Group 2: Documents E, F, G, H

Group 3: Documents I, J, K, L, M

Consider: How are slaves described in your documents?

Groups share responses


Group 1: Document A, (B, C, D)

Group 2: Document E, (F, G, H)

Group 3: Document I, (J, K, L, M)

Teaching the DBQ Lesson PlanDocument



A. Runaway Slave Advertise-ment, 1769

Thomas Jefferson

To find a runaway slave-- Ad offers a reward for a runaway slave named Sandy.

Scott would say– Ad is evidence that slaves were unjustly considered property & for proof would refer to Fugitive Slave Clause of Constitution.Sanford would say --The law was on Sanford’s side; Sanford might argue that Dred Scott should be treated in the same way as a runaway slave.

Teaching the DBQ Lesson PlanDocument



E. The United States Constitu-tion, 1789

Framers meeting in Phila. -- summer 1787

“(S)uch persons” refers to slaves. States have the power to regulate slavery until 1808.U.S. Congress has the power to regulate slavery.

Scott: U.S. banned importation of slaves in 1808. Scott would emphasize limitations on slavery & on slave trade, as implicit acknowledgement that slavery is wrong.Sanford: These clauses specifically protect slavery, and include a fugitive slave clause. Sanford would emphasize protection of slavery in the form of property rights.


Document



I. Majority Opinion (7-2), Dred Scott v. Sanford, 1857

Chief Justice Taney

The Constitution protects slavery because it existed and was acknowledged at the founding. Slaves were not considered to be people because they were not part of the political community. Slaves were property, not persons.

Declaration of Independence: “All men are created equal” did not include the negro race, who took no part in framing the document.Preamble to the Constitution —formed by those who are members of the political community.Two clauses in the Constitution point specifically to the Negro race as a separate class of persons. (A1S9Cl1; A4S1Cl3)The right of property in a slave is specifically affirmed. Neither slaves nor free blacks were or can ever be citizens of the U.S, though they may be citizens of their states.

Discussion?—what was the most interesting issue your group explored?

Debrief—how might you use this lesson with your students?


Chief Justice Roger Taney

The Court stated that “two clauses in the Constitution … point directly and specifically to the negro race as a separate class of persons, and show clearly that they

were not regarded as a portion of the people or citizens of the Government then formed” in deciding this case.

1. Brown v. Board of Education

2. Plessy v. Ferguson

3. Ex Parte Vallandingham

4. Scott v. Sanford

5. Not Sure

17

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