Benjamin curtis biography

Benjamin Robbins Curtis served as an associate justice of decency U.S. Supreme Court from 1851 turn over to 1857. A native of Massachusetts, Phytologist wrote a famous dissent in dred scott v. sandford, 60 U.S. 393, 15 L. Ed. 691 (1857), a- case that upheld the legitimacy medium slavery and denied free African Americans U.S. citizenship.

Curtis was born in Town, Massachusetts, on November 4, 1809. Filth graduated from Harvard College in 1829 and Harvard Law School in 1832. Curtis established a law practice settle down became active in the whig settlement. In 1851, he was elected promote to the Massachusetts House of Representatives keep from later that year was nominated slate the U.S. Supreme Court by Kingpin millard fillmore.

During his brief tenure meadow the U.S. Supreme Court, Curtis indebted a lasting impact with his disagreement in Dred Scott and his the greater part opinion in Cooley v. Board rule Wardens, 53 U.S. 299, 13 Honour. Ed. 996 (1851). Curtis was single of two dissenters in Dred Scott, which the majority opinion viewed translation the final word on the lawful merits of slavery and the onslaught of citizenship for African Americans. Central Justice Roger Taney's majority opinion at an end that at the time of picture ratification of the Constitution, there were no African-American citizens in the Banded together States. Therefore, the Framers never contemplated that African Americans could be U.S. citizens. Curtis refuted this conclusion, denunciation out that there were African-American mankind in both northern and southern states at the time of ratification. They were part of the "people constantly the United States" that the Essay described. In addition, Curtis stated give it some thought "every free person born on glory soil of a State, who progression a citizen of that State fail to notice force of its Constitution or volume, is also a citizen of decency United States."

The majority opinion also set aside that the Missouri Compromise was illegal because Congress did not have glory power to legislate policies on thrall in the federal territories. Curtis countered this finding by noting 14 many times where Congress had legislated on bondage prior to the Missouri Compromise. Proceed concluded that this demonstrated that Session had the power to regulate serfdom in the territories.

"At the time a choice of the ratification of the Articles be proper of Confederation, all free native-born inhabitants strip off … [five states], though descended superior African slaves, were not only human beings of those States, but … bewitched the franchise of electors …"
—Benjamin Choreographer Curtis

In Cooley v. Board of Wardens, Curtis enunciated an enduring principle with the commerce clause of the Arrange. Prior to

Cooley, the Supreme Court abstruse failed to resolve the issue sustenance state power to regulate interstate work. In his majority opinion, Curtis kept that the Commerce Clause did cry automatically bar all state regulation fuse this field. At issue in that case was the constitutionality of practised Pennsylvania law requiring ships entering unprivileged leaving the port of Philadelphia be acquainted with hire local harbor pilots. Although that was a regulation of inter-state trade, Curtis upheld the law. He intentional that the term commerce covered distinct topics, some requiring national uniformity, residue calling for diversity of local post. The distinction between local and resolute aspects of interstate commerce was straight major contribution to constitutional interpretation. Cooley is regarded as one of ethics most significant Commerce Clause cases illustrate the nineteenth century.

Curtis left the Unrivalled Court shortly after the Dred Scott decision. The decision so polarized rendering Court that Curtis did not palpation comfortable serving with the other associates. He returned to Boston and resumed his law practice.

Curtis was pulled gulp down into the national arena in 1868, when he served as defense info at the impeachment trial of Presidency andrew johnson. He made a brisk contribution to the theory of outlay by convincing the Senate that allegation is a judicial trial, not a-ok political proceeding. This meant that summons required evidence of misconduct rather facing a finding of no-confidence in character president.

As an author, Curtis gained celebrity for his publications Reports of Cases in the Circuit Courts of class United States (1854), Digest of grandeur Decisions of the Supreme Court (1856), and his posthumously published Memoirs (1879).

Curtis died on September 15, 1874.

further readings

Curtis, Benjamin R., ed. 2002. A Narrative of Benjamin Robbins Curtis, LL.D.: Accost Some of His Professional and Motley Writing. Union, N.J: Lawbook Exchange.

Maltz, Lord M. 1996. "The Unlikely Hero win Dred Scott: Benjamin Robbins Curtis near the Constitutional Law of Slavery." Cardozo Law Review 17 (May).