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Was the Dred Scott case Constitutional?

In: US Civil War, Slavery, US Constitution [Edit categories]

Answer:

Unfortunately, at the time the Dred Scott decision was made (1857), there were no constitutional provisions specifically protecting African-Americans, who were wrongly viewed as property rather than human beings. This meant the US Supreme Court could rationalize that they weren't protected by the Bill of Rights, and is the reason the Thirteenth, Fourteenth and Fifteenth Amendments were ratified after the Civil War.

Many of the Framers of the Constitution held the same view, which is why slaves were only counted as three-fifths of a person (Article I, per the Three-Fifths Compromise) in determining state representation in the US House of Representatives.

Case Citation:
Dred Scott v. Sanford, 60 US 393 (1857)

First answer by Marcia1061. Last edit by Marcia1061. Contributor trust: 882 [recommend contributor ]. Question popularity: 2 [recommend question].

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