In Dred Scott v. Sandford (1857), Chief Justice Taney claimed that the Founders intended that blacks were never to be citizens nor even to possess rights that whites must respect.

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Chief Justice Taney stated in his opinion that "they had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect." He also claimed that the Founders believed blacks "had no rights which the white man was bound to respect."

In Dred Scott V