In deciding
Kentucky v. Dennison, Chief Justice Taney foolishly attempted to speak for all three independent branches of the U.S. Government during the very early stages of what became perhaps the most critical crisis that this country has ever faced. His opinion was issued less than two weeks after a new Chief Executive (Lincoln) was inaugurated and he had no good reason to assume that Lincoln would be more like President Buchanan (the impotent "Miss Nancy") than like President Andrew Jackson (who had threatened to
personally go to South Carolina and hang "nullifiers" from trees). LIke the "secessionists," Taney underestimated Lincoln.
Subsequent events demonstrate just how badly things can go for an activist judge like Taney. His opinion in Dennison, like his opinion in Dred Scott, has helped place Taney at the very summit of our Supreme Court Hall of Shame.