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The Taney Court refers to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
from 1836 to 1864, when Roger Taney served as the fifth
Chief Justice of the United States The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution g ...
. Taney succeeded
John Marshall John Marshall (September 24, 1755July 6, 1835) was an American statesman, jurist, and Founding Fathers of the United States, Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remai ...
as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
's administration, an advocate of
Jacksonian democracy Jacksonian democracy, also known as Jacksonianism, was a 19th-century political ideology in the United States that restructured a number of federal institutions. Originating with the seventh U.S. president, Andrew Jackson and his supporters, i ...
, and had played a major role in the
Bank War The Bank War was a political struggle that developed over the issue of rechartering the Second Bank of the United States (B.U.S.) during the presidency of Andrew Jackson (1829–1837). The affair resulted in the shutdown of the Bank and its repl ...
, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in '' Dred Scott v. Sandford'', in which the court ruled that
African-American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa. ...
s could not be
citizen Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality ...
s. However, the Taney Court's decisions regarding economic issues and
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.


Membership

Taney was appointed Chief Justice by President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
, who filled a vacancy caused by the death of Chief Justice John Marshall in 1835. Jackson had previously nominated Taney to fill a vacancy caused by the retirement of Gabriel Duvall, but Taney's appointment for that seat was not voted on by the Senate. Duvall's seat was instead filled by Philip P. Barbour in 1836. After the confirmation of Barbour, the Taney Court consisted of Taney, Barbour, and five Associate Justices from the Marshall Court:
Joseph Story Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin ...
, Smith Thompson, John McLean, Henry Baldwin, and James Moore Wayne. Jackson appointed John Catron to the bench in 1837 after Congress increased the size of the Supreme Court to nine seats. The same year, President
Martin Van Buren Martin Van Buren ( ; ; December 5, 1782 – July 24, 1862) was the eighth president of the United States, serving from 1837 to 1841. A primary founder of the Democratic Party (United States), Democratic Party, he served as Attorney General o ...
filled the other newly created seat with the appointment John McKinley. Van Buren also appointed
Peter Vivian Daniel Peter Vivian Daniel (April 24, 1784 – May 31, 1860) was an American jurist who served as an associate justice of the Supreme Court of the United States. Early life and education Peter Vivian Daniel was born in 1784 at "Crow's Nest", a p ...
in 1841 after the death of Barbour. Thompson died in 1843, but President
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States, serving from 1841 to 1845, after briefly holding office as the tenth vice president of the United States, vice president in 1841. He was elected ...
was unsuccessful in his attempts to fill the seat. However, Tyler was able to nominate Samuel Nelson right before leaving office, and soon after, President
James K. Polk James Knox Polk (; November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. A protégé of Andrew Jackson and a member of the Democratic Party, he was an advocate of Jacksonian democracy and ...
successfully nominated Levi Woodbury a short time after taking office, replacing Thompson and Story. Polk also appointed Robert Cooper Grier, replacing Baldwin; the vacancy caused by Baldwin's death is the longest in Supreme Court history.
Millard Fillmore Millard Fillmore (January 7, 1800 – March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853. He was the last president to be a member of the Whig Party while in the White House, and the last to be neither a De ...
appointed Benjamin Curtis to replace Woodbury in 1851; Curtis is the only Whig-appointed Justice in American history and is the last justice who was not appointed by a member of the Democratic or Republican parties. President
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. A northern Democratic Party (United States), Democrat who believed that the Abolitionism in the United States, abolitio ...
appointed John Archibald Campbell in 1853, replacing McKinley. Curtis resigned from the court following the 1857 ''Dred Scott'' decision, and President
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was the 15th president of the United States, serving from 1857 to 1861. He also served as the United States Secretary of State, secretary of state from 1845 to 1849 and represented Pennsylvan ...
appointed Nathan Clifford as his replacement. At the start of the
Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
, Campbell resigned from the court to serve as a Confederate official. McLean and Daniel also died around the same time. In 1862, President
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
appointed Noah Haynes Swayne (the first Republican-appointed justice in history),
Samuel Freeman Miller Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an Associate Justice of the Supreme Court of the United States, associate justice of the United States Supreme Court, U.S. Supreme ...
, David Davis to replace them. Lincoln also appointed
Stephen Johnson Field Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this ap ...
to a newly created seat. Taney died in 1864, and Lincoln appointed Salmon P. Chase as the new Chief Justice. The Taney Court is notable for its long vacancies, as the three longest vacancies in court history all occurred during Taney's tenure as Chief Justice.


Timeline


Other branches

Presidents during this court included
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
,
Martin Van Buren Martin Van Buren ( ; ; December 5, 1782 – July 24, 1862) was the eighth president of the United States, serving from 1837 to 1841. A primary founder of the Democratic Party (United States), Democratic Party, he served as Attorney General o ...
,
William Henry Harrison William Henry Harrison (February 9, 1773April 4, 1841) was the ninth president of the United States, serving from March 4 to April 4, 1841, the shortest presidency in U.S. history. He was also the first U.S. president to die in office, causin ...
,
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States, serving from 1841 to 1845, after briefly holding office as the tenth vice president of the United States, vice president in 1841. He was elected ...
,
James K. Polk James Knox Polk (; November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. A protégé of Andrew Jackson and a member of the Democratic Party, he was an advocate of Jacksonian democracy and ...
,
Zachary Taylor Zachary Taylor (November 24, 1784 – July 9, 1850) was an American military officer and politician who was the 12th president of the United States, serving from 1849 until his death in 1850. Taylor was a career officer in the United States ...
,
Millard Fillmore Millard Fillmore (January 7, 1800 – March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853. He was the last president to be a member of the Whig Party while in the White House, and the last to be neither a De ...
,
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. A northern Democratic Party (United States), Democrat who believed that the Abolitionism in the United States, abolitio ...
,
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was the 15th president of the United States, serving from 1857 to 1861. He also served as the United States Secretary of State, secretary of state from 1845 to 1849 and represented Pennsylvan ...
, and
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
. Congresses during this court included 24th through the 38th United States Congresses.


Rulings of the Court

The Taney Court issued several major rulings during its tenure, including: *'' Charles River Bridge v. Warren Bridge'' (1837): In a decision delivered by Chief Justice Taney, the court upheld Massachusetts's granting of a charter to construct a bridge over the
Charles River The Charles River (Massachusett language, Massachusett: ), sometimes called the River Charles or simply the Charles, is an river in eastern Massachusetts. It flows northeast from Hopkinton, Massachusetts, Hopkinton to Boston along a highly me ...
. The plaintiff, Charles River Bridge Company, owned another bridge on the river, and sued the state, arguing that Massachusetts was breaking a charter it had given the plaintiff in the 18th century. The court held that there was no violation of the
Contract Clause Article One of the United States Constitution#Clause 1: Contract Clause, Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the U.S. state, states. These prohibitio ...
, and also set an important precedent for a state's ability to promote the general welfare of its people. *'' Luther v. Borden'' (1849): In a decision written by Chief Justice Taney, the court refused to intervene in the Dorr Rebellion. The plaintiffs alleged that Rhode Island's government violated the Guarantee Clause because it was not republican in nature. The court held that the case was a
non-justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a par ...
political question In United States constitutional law, the political question Legal doctrine, doctrine holds that a constitutional dispute requiring knowledge of a non-legal character, techniques not suitable for a court, or matters explicitly assigned by the Const ...
, and that it is Congress's role to determine whether a state's government qualifies as "republican." *'' Cooley v. Board of Wardens'' (1852): In a decision delivered by Justice Curtis, the court upheld a Pennsylvania law requiring vessels leaving
Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
to use a local pilot or pay a fine. In the decision, the court set an important precedent regarding the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
, charting a middle course between federal and state power. The decision gave states the ability to make some laws affecting interstate commerce, using a balancing test to determine whether state interests outweighed federal interests in uniform laws.Schwartz, 84-88 *'' Dred Scott v. Sandford'' (1857): In a 7–2 decision in which all nine justices wrote an opinion, Chief Justice Taney wrote the majority opinion. The court dismissed the plaintiff's suit, and held that the plaintiff remained a slave of the defendant. More importantly, the court also declared that no
African-American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa. ...
s (including free blacks) qualified as citizens of the United States, and that Congress did not have the power to ban slavery from the territories. The decision was strongly condemned by opponents of
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, and was largely overturned by the Fourteenth Amendment. *'' Ableman v. Booth'' (1859): In a unanimous decision written by Chief Justice Taney, the court held that federal courts have final say over issues of federal law, and thus state courts have no right to nullify federal court decisions regarding federal law. For a full list of decisions by the Taney Court, see
lists of United States Supreme Court cases by volume The following is a list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of each indiv ...
, volumes 36 through 68.


See also

* Aboriginal title in the Taney Court * Criminal law in the Taney Court


References


Further reading


Works on the Taney Court

* * * * * *


Other relevant works

* * * * * * * * * * * * * {{Reconstruction era 1830s in the United States 1840s in the United States 1850s in the United States United States Supreme Court history by court Supreme Court of the United States Jacksonian democracy Andrew Jackson administration controversies James Buchanan administration controversies