Dred Scott as Authority
posted by Gerard Magliocca
I was re-reading Justice George Sutherland’s dissent in Blaisdell, which is probably the greatest defense of originalism in the Supreme Court’s history. This time, I was struck by this passage:
“Chief Justice Taney in Dred Scott v. Sandford . . . said that, while the Constitution remains unaltered, it must be construed now as it was understood at the time of its adoption: that it is not only the same in words, but the same in meaning.” [Sutherland then quoted Taney's opinion.]
I’m thinking that this was the last time that a Supreme Court Justice cited Dred Scott as positive authority, as opposed to descriptively or negatively. Does anyone know of a subsequent positive cite?