The Enduring Legacy of Slavery in American Jurisprudence: A Modern Reckoning
Introduction: The Persistent Shadow of Slavery in U.S. Law
The United States has long grappled with the dark legacy of slavery, a system that shaped the nation’s foundation and continues to influence its legal framework. A shocking revelation has emerged from legal researchers: an 1842 U.S. Supreme Court case, Prigg v. Pennsylvania, which upheld the kidnapping of a Black family and their forcible return to slavery, is still being cited in American courts today. This case, along with thousands of others rooted in slavery-era laws, highlights a disturbing truth: the legal principles established during the era of slavery remain embedded in modern jurisprudence. Despite the formal abolition of slavery with the 13th Amendment in 1865, the echoes of this morally reprehensible system continue to reverberate through courtrooms and legal decisions across the country.
The Case of Prigg v. Pennsylvania: A Legal Defense of Slavery
Prigg v. Pennsylvania is a stark reminder of how deeply intertwined slavery was with the U.S. legal system. The case involved Edward Prigg, a white man who kidnapped Margaret Morgan, a free Black woman, and her children, forcing them into slavery in Maryland. The Supreme Court ruled in Prigg’s favor, declaring that Pennsylvania’s anti-slavery law was unconstitutional because it conflicted with the federal Fugitive Slave Act. The court’s decision reaffirmed the property rights of slave owners, asserting that enslaved individuals were considered property under the Constitution. This ruling not only legitimized the exploitation and dehumanization of Black people but also set a legal precedent that continues to influence property rights and states’ rights debates in modern cases.
Researchers at Michigan State University’s Citing Slavery Project have identified that Prigg v. Pennsylvania alone has been cited in 274 subsequent court decisions. This pattern is not unique to this case; over 7,000 legal citations reference slavery-era precedents, revealing a chilling continuity between the legal frameworks of the past and present. The project’s director, law professor Justin Simard, emphasizes that this enduring influence is not merely academic—it reflects how deeply slavery’s legacy is embedded in the fabric of American law.
The Insidious Impact of Slavery-Era Precedents on Modern Jurisprudence
The lingering influence of slavery-era legal principles is not confined to historical artifact; it actively shapes contemporary legal decisions. Many of these precedents revolve around property rights, a central tenet of the U.S. Constitution, which was authored by wealthy property owners who relied on enslaved labor to sustain the economy. The Supreme Court’s decision in Prigg v. Pennsylvania underscored the Constitution’s protection of slave ownership, declaring that without such protections, the Union itself could not have been formed.
Today, these precedents are often invoked in cases involving property law, federal vs. state authority, and even civil rights disputes. For instance, Prigg v. Pennsylvania was cited in a 1989 Supreme Court decision that overturned a significant judgment awarded to a white football coach who alleged racial discrimination. This precedent has also been used in cases involving employment discrimination and criminal justice, demonstrating its far-reaching and insidious impact. Civil rights attorney Leonard Mungo observes that the legal system’s historical treatment of enslaved people as property continues to undermine civil rights protections, as courts often prioritize property rights over human dignity.
Unearthing Slavery’s Legal Legacy: The Citing Slavery Project
Justin Simard’s research into the legal echoes of slavery began with his dissertation, where he uncovered the widespread use of slave-era cases in 19th-century northern courts. What he found was both shocking and profound: the citations were not isolated incidents but a systemic feature of American jurisprudence. Simard and his team have since identified over 12,000 slavery-related rulings, many of which continue to be cited in modern legal decisions. This vast network of citations reveals that the principles established during the era of slavery are not relics of the past but living, breathing influences on contemporary law.
The Citing Slavery Project’s findings are a direct response to efforts by political leaders, including those in the Trump administration, to downplay or erase the nation’s racial history. By tracing the ongoing use of slavery-era precedents, Simard and his team aim to expose the ways in which the legal system perpetuates inequality. Simard notes that many lawyers and judges are either unaware of the origins of these precedents or dismiss their significance, treating them as “just regular law.” This lack of awareness allows the dehumanizing principles of slavery to persist in modern legal practice.
Modern Applications and the Struggle for Reckoning
The influence of slavery-era legal principles is evident in a wide range of modern cases. In one striking example, a 2016 Iowa Supreme Court decision referenced the Fugitive Slave Act while debating the right to legal counsel for individuals arrested but not yet charged with a crime. Dissenting justices argued that just as enslaved people were granted the right to counsel under the Act, so too should a man accused of driving under the influence be afforded that right. While the dissent was ultimately outvoted, the case highlights how slavery-era laws continue to shape legal reasoning, even in unexpected contexts.
Efforts to confront this legacy are ongoing. Simard’s team successfully campaigned for The Bluebook, a key legal citation guide, to include notations such as “enslaved party” or “enslaved person at issue” in relevant cases. These changes aim to raise awareness among legal professionals about the origins of the precedents they cite. However, the sheer volume of slavery-related cases makes it impossible to erase them entirely. Instead, Simard advocates for a more thoughtful approach to citing these cases, urging lawyers and judges to critically examine whether the principles they uphold remain just and equitable in modern society.
Moving Forward: Acknowledging the Past to Build a Just Future
The enduring influence of slavery in American law is a painful reminder of the nation’s unresolved racial history. While the 13th Amendment abolished slavery, it did not erase the legal and social structures that perpetuated inequality. The work of researchers like Simard and the Citing Slavery Project offers a crucial step toward reckoning with this history. By confronting the ways in which slavery continues to shape the legal system, the U.S. can begin to dismantle the systemic inequalities that persist today.
Dylan Penningroth, a law and history professor at the University of California-Berkeley, suggests that the power of these slavery-era cases lies in their citation. If lawyers and judges stop relying on them, the cases will gradually lose their influence. Michigan Appeals Court Judge Adrienne Young adds that the greatest harm lies in failing to acknowledge the horrific history behind these precedents. By keeping these origins in mind, legal professionals can work toward a more just and equitable system—one that no longer rests on the dehumanizing principles of slavery.
In conclusion, the legacy of slavery in American jurisprudence is a complex and deeply ingrained issue. While the abolition of slavery marked a critical turning point in U.S. history, the legal principles established during that era continue to shape modern law. The work of researchers and advocates offers hope for a more equitable future, but it requires a collective effort to confront and challenge the enduring shadow of slavery in the legal system. Only by acknowledging and addressing this painful history can the U.S. move closer to a true reckoning and a more just society for all.
