[117th Congress Public Law 326]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4452]]
Public Law 117-326
117th Congress
An Act
To direct the Joint Committee of Congress on the Library to remove the
bust of Roger Brooke Taney in the Old Supreme Court Chamber of the
Capitol and to obtain a bust of Thurgood Marshall for installation in
the Capitol or on the Capitol Grounds, and for other
purposes. <<NOTE: Dec. 27, 2022 - [S. 5229]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: 2 USC 2133
note.>>
SECTION 1. <<NOTE: Deadlines.>> REPLACEMENT OF BUST OF ROGER
BROOKE TANEY WITH BUST OF THURGOOD
MARSHALL.
(a) Findings.--Congress finds the following:
(1) While sitting in the Capitol, the Supreme Court issued
the infamous Dred Scott v. Sandford decision on March 6, 1857.
Written by Chief Justice Roger Brooke Taney, whose bust sits
inside the entrance to the Old Supreme Court Chamber in the
Capitol, this opinion declared that African Americans were not
citizens of the United States and could not sue in Federal
courts. This decision further declared that Congress did not
have the authority to prohibit slavery in the territories.
(2) Chief Justice Roger Brooke Taney's authorship of Dred
Scott v. Sandford, the effects of which would only be overturned
years later by the ratification of the 13th, 14th, and 15th
Amendments to the Constitution of the United States, renders a
bust of his likeness unsuitable for the honor of display to the
many visitors to the Capitol.
(3) As Frederick Douglass said of this decision in May 1857,
``This infamous decision of the Slaveholding wing of the Supreme
Court maintains that slaves are within the contemplation of the
Constitution of the United States, property; that slaves are
property in the same sense that horses, sheep, and swine are
property; that the old doctrine that slavery is a creature of
local law is false; that the right of the slaveholder to his
slave does not depend upon the local law, but is secured
wherever the Constitution of the United States extends; that
Congress has no right to prohibit slavery anywhere; that slavery
may go in safety anywhere under the star-spangled banner; that
colored persons of African descent have no rights that white men
are bound to respect; that colored men of African descent are
not and cannot be citizens of the United States.''.
(4) While the removal of Chief Justice Roger Brooke Taney's
bust from the Capitol does not relieve the Congress of the
historical wrongs it committed to protect the institution of
slavery, it expresses Congress's recognition of one of the most
notorious wrongs to have ever taken place in one of its rooms,
[[Page 136 STAT. 4453]]
that of Chief Justice Roger Brooke Taney's Dred Scott v.
Sandford decision.
(b) Removal of Bust of Roger Brooke Taney.--Not later than 45 days
after the date of enactment of this Act, the Joint Committee of Congress
on the Library (referred to in this Act as the ``Joint Committee'')
shall remove from public display the bust of Roger Brooke Taney in the
Old Supreme Court Chamber of the Capitol and the plinth upon which the
bust is placed. The bust and plinth shall remain in the custody of the
Senate Curator.
(c) Bust of Thurgood Marshall.--
(1) Obtaining bust.--Not later than 2 years after the date
of enactment of this Act, the Joint Committee shall enter into
an agreement to obtain a bust of Thurgood Marshall, under such
terms and conditions as the Joint Committee considers
appropriate and consistent with applicable law.
(2) Placement.--
(A) In general.--The Architect of the Capitol, under
the direction of the Joint Committee, shall permanently
install the bust obtained under paragraph (1) in a
prominent location in the Capitol or on the United
States Capitol Grounds, as described in section 5102 of
title 40, United States Code.
(B) Priority for location.--In determining the
location for the permanent installation of the bust
obtained under paragraph (1), the Joint Committee shall
give priority to identifying an appropriate location
near the Old Supreme Court Chamber of the Capitol.
Approved December 27, 2022.
LEGISLATIVE HISTORY--S. 5229:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 8, considered and passed Senate.
Dec. 14, considered and passed House.
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