Roger B. Taney

Roger B. Taney
Photo by Mathew Brady, 1855–1860
5th Chief Justice of the United States
In office
March 28, 1836 – October 12, 1864
Nominated byAndrew Jackson
Preceded byJohn Marshall
Succeeded bySalmon P. Chase
12th United States Secretary of the Treasury
In office
September 23, 1833 – June 25, 1834
PresidentAndrew Jackson
Preceded byWilliam Duane
Succeeded byLevi Woodbury
11th United States Attorney General
In office
July 20, 1831 – November 14, 1833
PresidentAndrew Jackson
Preceded byJohn Berrien
Succeeded byBenjamin Butler
Acting United States Secretary of War
In office
June 18, 1831 – August 1, 1831
PresidentAndrew Jackson
Preceded byJohn Eaton
Succeeded byLewis Cass
Attorney General of Maryland
In office
September 1827 – June 18, 1831
Governor
Preceded byThomas Kell
Succeeded byJosiah Bayly
Member of the
Maryland House of Delegates
from Calvert County
In office
1799
Personal details
Born
Roger Brooke Taney

(1777-03-17)March 17, 1777
Calvert County, Maryland, U.S.
DiedOctober 12, 1864(1864-10-12) (aged 87)
Washington, D.C., U.S.
Resting placeSt. John the Evangelist Cemetery
Frederick, Maryland, U.S.
Political party
Spouse
Anne Key
(m. 1806; died 1855)
Children6, including Anne Arnold Taney Campbell and Mary Taney
Relatives
  • Alice Taney Campbell Etting (granddaughter)
  • Phoebe K. Campbell (granddaughter)
  • Roger Brooke Taney Anderson (grandson)
EducationDickinson College (BA)
Signature

Roger Brooke Taney (/ˈtɔːni/; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Taney delivered the majority opinion in Dred Scott v. Sandford (1857), ruling that African Americans could not be considered U.S. citizens and that Congress could not prohibit slavery in the U.S. territories. Prior to joining the U.S. Supreme Court, Taney served as the U.S. attorney general and U.S. secretary of the treasury under President Andrew Jackson. He was the first Catholic to serve on the Supreme Court.[1]

Taney was born into a wealthy, slave-owning family in Calvert County, Maryland. He won election to the Maryland House of Delegates as a member of the Federalist Party but later broke with the party over the War of 1812. After switching to the Democratic-Republican Party, Taney was elected to the Maryland Senate in 1816. He emerged as one of the most prominent attorneys in the state and was appointed as the Attorney General of Maryland in 1827. Taney supported Andrew Jackson's presidential campaigns in 1824 and 1828, and he became a member of Jackson's Democratic Party. After a cabinet shake-up in 1831, President Jackson appointed Taney as his attorney general. Taney became one of the most important members of Jackson's cabinet and played a major role in the Bank War. Beginning in 1833, Taney served as secretary of the treasury under a recess appointment, but his nomination to that position was rejected by the United States Senate.

In 1835, after Democrats took control of the Senate, Jackson appointed Taney to succeed the late John Marshall on the Supreme Court as Chief Justice. Taney presided over a jurisprudential shift toward states' rights, but the Taney Court did not reject federal authority to the degree that many of Taney's critics had feared. By the early 1850s, he was widely respected, and some elected officials looked to the Supreme Court to settle the national debate over slavery. Despite emancipating his own slaves and giving pensions to those who were too old to work, Taney was outraged by Northern attacks on the institution, and sought to use his Dred Scott decision to permanently end the slavery debate. His broad ruling deeply angered many Northerners and strengthened the anti-slavery Republican Party; its nominee Abraham Lincoln won the 1860 presidential election.

After Lincoln's election, Taney sympathized with the seceding Southern states and blamed Lincoln for the war, but he did not resign from the Supreme Court. He strongly disagreed with President Lincoln's broader interpretation of executive power in the American Civil War. In Ex parte Merryman, Taney held that the president could not suspend the writ of habeas corpus. Lincoln retaliated to the ruling by invoking nonacquiescence. Taney later tried to hold George Cadwalader, one of Lincoln's generals, in contempt of court and the Lincoln Administration again invoked nonacquiescence in response. In 1863, Lincoln delivered the Emancipation Proclamation notwithstanding Taney's rulings on slavery. Taney finally relented, saying: "I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome." Taney died in 1864, and Lincoln appointed Salmon P. Chase as his successor. At the time of Taney's death in 1864, he was widely reviled in the North, and Lincoln declined to make a public statement in response to his death. He continues to have a controversial historical reputation, and his Dred Scott ruling is widely considered to be the worst Supreme Court decision ever made.[2][3][4]

  1. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  2. ^ Hall, Kermit (1992). Oxford Companion to the Supreme Court of the United States. Oxford University Press. p. 889. ISBN 9780195176612. American legal and constitutional scholars consider the Dred Scott decision to be the worst ever rendered by the Supreme Court. Historians have abundantly documented its role in crystallizing attitudes that led to war. Taney's opinion stands as a model of censurable judicial craft and failed judicial statesmanship.
  3. ^ Urofsky, Melvin (January 5, 2023). "Dred Scott decision | Definition, History, Summary, Significance, & Facts | Britannica". Encyclopædia Britannica. Retrieved February 3, 2023. Among constitutional scholars, Scott v. Sandford is widely considered the worst decision ever rendered by the Supreme Court. It has been cited in particular as the most egregious example in the court's history of wrongly imposing a judicial solution on a political problem. A later chief justice, Charles Evans Hughes, famously characterized the decision as the court's great "self-inflicted wound."
  4. ^ Staff (October 14, 2015). "13 Worst Supreme Court Decisions of All Time". FindLaw. Retrieved June 10, 2021.

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