Question

Which amendment did the Supreme Court cite in Dred Scott v. Sandford?

Answer 1

Answer:

The Ammendement the Supreme Court cited in Dred Scott Vs. Standford is the Fifth Amendment (Due Process Clause) which forbids the federal government from freeing slaves brought into federal territories.

Explanation:

In 1867, the Dred Scott Vs. Stanford was before the Supreme Court, in which Dred Scott (a black slave) appealed the decision of the U.S federal court to the Supreme Court. The U.S federal court had ruled against him, where they applied the Missouri law to the dispute.

However, the Supreme Court reversed the judgment and suit dismissed for lack of jurisdiction.

Supreme court cited the following:

1. Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Const. Plaintiff is without standing to file a suit.

2. The Property Clause is only applicable to lands possessed at the time of ratification (1787). As such, Congress cannot ban slavery in the territories. Missouri Compromise is unconstitutional.

3. Due Process Clause of the Fifth Amendment prohibits the federal government from freeing slaves brought into federal territories.