Give students access to excerpts from the Dred Scott decision that represents two opposing views from the justices involved. Share with students that the ruling was favored by 7 of 9 judges.

Next, have students create a chart or use the provided Compare and Contrast chart to analyze the two opposing opinions issued at the time of the case. Students will be asked to assess and find the following in the documents:

• What are the main arguments presented supporting or opposing Dred Scott’s claim in court?
• What evidence is cited by the Justices to support their claims?
• What differences are there in the language and tone used by the two justices when referring to American society, race, and African Americans in particular?
• And other noticings they identify?

An annotated Compare and Contrast chart has been provided for teacher review and to support scaffolding and discussion.

After students have filled out their charts, put students into groups of 3 or 4 to discuss their findings.  While they listen to their peers, they can add any missing information to their own charts. Once they have reviewed their findings, ask groups to join a larger class discussion addressing the following questions. 

• What surprised, interested  or troubled you in these documents?
• What impact do you envision that this case had on the country given the timeframe?