Explanation:
In this passage, Taney describes a procedural moment where Dred Scott’s lawyers asked the judge to instruct the jury to rule in Scott’s favor, as both sides had already agreed on the facts. The judge refused to do so, and Scott’s team officially objected to preserve their right to appeal. This moment illustrates how the case shifted its focus from factual disagreement to legal interpretation.
Connection to Originalist Thinking:
Taney’s approach throughout the decision relies on originalist reasoning — he interprets the Constitution according to what he believes the framers’ intent was at the time it was written. By refusing to consider modern moral or social developments, Taney limits the case to what he thinks the founders would have recognized — meaning that, under the Constitution as originally written, enslaved people and their descendants could not be citizens. This is an example of originalism because it looks backward to 18th-century legal definitions instead of evolving ones.
Agree or Disagree:
I disagree with Taney’s use of originalism here. His interpretation ignores the moral progress and human rights understanding that had developed since the Constitution was written. By anchoring his reasoning in the framers’ original context — a time when slavery was accepted — he denies Dred Scott’s humanity and right to citizenship. This shows the danger of relying too rigidly on historical intent without considering justice or equality in the present day.