Roger B. Taney
Fifth chief justice who wrote the Dred Scott decision.
Roger Brooke Taney served as the fifth chief justice of the United States from 1836 until his death in 1864. He is most remembered for authoring the majority opinion in *Dred Scott v. Sandford* (1857), which declared that African Americans could not be U.S. citizens and that Congress lacked the power to prohibit slavery in federal territories. Born into a wealthy, slave-owning family in Calvert County, Maryland, in 1777, Taney studied at Dickinson College and read law under a judge in Annapolis before being admitted to the bar in 1799. He began his political career as a Federalist in the Maryland House of Delegates but broke with the party over the War of 1812. After switching to the Democratic-Republican Party, he served in the Maryland Senate and became a prominent attorney, eventually being appointed Maryland’s attorney general in 1827. A supporter of Andrew Jackson, Taney joined Jackson’s cabinet as U.S. attorney general in 1831 and played a key role in the Bank War. He later served as secretary of the treasury under a recess appointment, though the Senate rejected his nomination. In 1835, after Democrats controlled the Senate, Jackson appointed Taney to succeed John Marshall as chief justice, making Taney the first Catholic on the Supreme Court. His court shifted toward states’ rights but did not fully reject federal authority. Despite having emancipated his own slaves, Taney was angered by Northern criticism of slavery and used the *Dred Scott* decision to try to settle the national debate. The ruling inflamed Northern opinion and boosted the Republican Party. During the Civil War, Taney clashed with President Lincoln over executive power, notably in *Ex parte Merryman*, where he ruled that the president could not suspend habeas corpus. Lincoln’s administration ignored the ruling. Taney died in 1864, widely reviled in the North, and his *Dred Scott* decision is often considered the worst in Supreme Court history.
- known_for
- Dred Scott v. Sandford majority opinion; fifth chief justice of the United State
Verified Timeline
Quick Facts
- Office
- 5th Chief Justice of the United States
- Nominator
- Andrew Jackson
- Term Start
- March 28, 1836
- Term End
- October 12, 1864
- Predecessor
- John Marshall
- Successor
- Salmon P. Chase
- Office1
- 12th United States Secretary of the Treasury
- Term Start1
- September 23, 1833
- Term End1
- June 25, 1834
- Predecessor1
- William Duane
- Successor1
- Levi Woodbury
- Office2
- 11th United States Attorney General
Facts from the source article.
Lore & Background
Chief Justice Taney wrote the 7–2 majority opinion in Dred Scott v. Sandford, issued in March 1857. In it, he ruled that people of African descent '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.' He supported his ruling with a survey of state and local laws from 1787 that he said showed a 'perpetual and impassable barrier was intended to be erected between the white race and the one which they had reduced to slavery.' Taney also struck down the Missouri Compromise, ruling that it interfered with slave owners' property rights under the Fifth Amendment. Although Taney and several other justices hoped the decision would settle the slavery controversy, it only exacerbated interstate tension. The decision inflamed the national debate over slavery and deepened the divide that led ultimately to the American Civil War. In 1865, after the Union's victory, the ruling was superseded by the Thirteenth Amendment, which outlawed slavery, and later by the Civil Rights Act of 1866 and the Fourteenth Amendment, which guaranteed citizenship for all persons born or naturalized in the United States.
Reader's Guide
Roger B. Taney's significance rests primarily on his role as chief justice and author of the Dred Scott v. Sandford decision, which is widely considered the worst Supreme Court decision ever made. That ruling declared that African Americans could not be U.S. citizens and that Congress could not prohibit slavery in the territories, deepening national divisions and strengthening the anti-slavery Republican Party. As chief justice, he shifted the Court toward states' rights but did not fully reject federal authority. During the Civil War, Taney clashed with President Lincoln over executive power, particularly in Ex parte Merryman, where he held that the president could not suspend habeas corpus. Taney's legacy remains controversial; he is remembered for a ruling that inflamed the slavery debate and for his opposition to Lincoln's wartime measures. At his death, he was widely reviled in the North, and Lincoln declined to make a public statement.
Did You Know?
- Chief Justice Charles Evans Hughes called the Dred Scott decision the Court's 'greatest self-inflicted wound.'
- Legal scholar Bernard Schwartz said Dred Scott 'stands first in any list of the worst Supreme Court decisions.'
- Taney's majority opinion struck down the Missouri Compromise as interfering with slave owners' property rights under the Fifth Amendment.
- The Dred Scott decision was superseded by the Thirteenth Amendment in 1865 and the Fourteenth Amendment in 1868.
- Taney's ruling held that African Americans were not entitled to 'full liberty of speech ... to hold public meetings ... and to keep and carry arms.'
Frequently Asked Questions
Who is Roger B. Taney?
Roger Brooke Taney (1777–1864) was an American lawyer and politician who became the fifth Chief Justice of the United States Supreme Court. He was also the first Catholic to sit on that bench and had previously held cabinet-level posts under President Andrew Jackson.
What roles did Roger B. Taney hold before the Supreme Court?
Before his judicial career, Taney served as U.S. Attorney General and then as Secretary of the Treasury during Andrew Jackson's administration. Those positions gave him deep experience in federal law and fiscal policy before he took the chief justiceship in 1836.
What is Roger B. Taney most famous for?
He is best known for authoring the majority opinion in Dred Scott v. Sandford (1857), which declared that people of African descent could not be U.S. citizens and that Congress lacked the power to ban slavery in the territories. That ruling remains one of the most widely criticized decisions in American legal history.
Why is Roger B. Taney considered so controversial among legal scholars?
His Dred Scott opinion is viewed as a landmark example of judicial overreach and moral failure, as it effectively invalidated the Missouri Compromise and entrenched the legal status of slavery. Scholars frequently cite him as a cautionary case study in how a court can undermine constitutional principles.
How does Roger B. Taney's story end?
Taney died in office on October 12, 1864, in Washington, D.C., still serving as Chief Justice during the final year of the Civil War. He was succeeded by Salmon P. Chase, and the Dred Scott ruling was later effectively overturned by the Thirteenth and Fourteenth Amendments.
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