The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers are vividly brought to life in this compelling story of the momentous tug-of-war between these two men during the worst crisis in American history.

When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.

The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --

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When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

The landmark U.S. Supreme Court decision Dred Scott v. Sandford, in which the slave Dred Scott was denied freedom for himself and his family, raised the ire of abolitionists and set the scene for the impending conflict between the northern and southern states. While most people have heard of the Dred Scott Decision, few know anything about the case's namesake. In this meticulously researched and carefully crafted biography of Dred Scott, his wife, Harriet, and their daughters, Eliza and Lizzie, award-winning children's book author Gwenyth Swain brings to life a family's struggle to become free. Beginning with Dred's childhood on a Virginia plantation and later travel with his masters to Alabama, Missouri, Illinois, and the territory that would become Minnesota, this "family biography" vividly depicts slave life in the early and mid-nineteenth century. At Fort Snelling, near St. Paul, Dred met and married Harriet, and together they traveled with their master to Florida and then Missouri, finally settling in St. Louis, where the Scotts were hired out for wages. There they began marshalling evidence to be used in their freedom suit, first submitted in 1846. Their case moved through local and state courts, finally reaching the U.S. Supreme Court in 1857. But the Court's decision did not grant them the freedom they craved. Instead, it brought northern and southern states one step closer to the Civil War. How did one family's dream of freedom become a cause of the Civil War? And how did that family finally leave behind the bonds of slavery? In Dred and Harriet Scott: A Family's Struggle for Freedom, Swain looks at the Dred Scott Decision in a new and remarkably personal way. By following the story of the Scotts and their children, Swain crafts a unique biography of the people behind the famous court case. In the process, she makes the family's journey through the court system and the ultimate decision of the Supreme Court understandable for readers of all ages. She also explores the power of family ties and the challenges Dred and Harriet faced as they sought to see their children live free.

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

American politics and society were transformed by the antislavery movement. But as Corey M. Brooks shows, it was the antislavery third parties not the Democrats or Whigs that had the largest and least-understood impact. Third-party abolitionists exploited opportunities to achieve outsized influence and shaping the national debate. Political abolitionists key contribution was the elaboration and dissemination of the notion of the Slave Power the claim that slaveholders wielded disproportionate political power and therefore threatened the liberties and political power of northern whites. By convincing northerners of the Slave Power menace, abolitionists paved the way for broader coalitions, and ultimately for Abraham Lincoln s Republican Party."