Dred Scott v. Sandford (1857): Scott is born a slave in Missouri (slave state), but owner travels to Illinois (a free state), then back to Missouri. Scott argues that he was free by virtue of traveling through Illinois.Case in federal court by diversity jx. 

1. Held: The case is thrown out for lack of federal jx b/c Scott was a slave, not a citizen.  The forum state’s law’s could be followed.

2. Example of judicial activism.  Could have stopped by deciding which state’s law applied.  But went further and commented on citizenship

a. Justice Tawney probably wanted to end the slavery controversy (i.e. whether slavery was Constitutional and the statute Constitutional)

3. Holding: People of African ancestry, whether born into slavery or born to free parents, are NEVER free citizens in the eyes of the Constitution

4. Majority: Look @ Framers’ intent:  “all men” ? entire human race

a. Dissent: Not inconsistent for the framers to say “all men” to mean all men.  Constitution applied to both free and non-free slaves

(1) Words were for future generations, understanding that allowing non-free states into the Constitution was a compromise.

(2) Framers’ intent was eventually for all men to be free