On Dred Scott v. Sanford

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At the time of the decision of the Supreme Court of the United States in Dred Scott v. Sanford, in the year of 1856, there were black citizens as well as black slaves. Black citizens were descendants of blacks who were citizens at the time of the adoption of the Constitution. Black slaves were descendants of blacks who were slaves at the time of the adoption of the Constitution. There were also free persons of color; that is, black slaves emancipated, before the adoption of the Constitution of the United States of America as well as after the adoption of the Constitution.

The case of Dred Scott v. Sanford dealt with free persons of color; that is, with black slaves emancipated, after the adoption of the Constitution of the United States of America. Therefore, the case of Dred Scott v. Sanford, had nothing to do with black citizens.

Thus, a black slave, set free after the adoption of the Constitution of the United States of America, cannot, UNFORTUNATELY, be a citizen of a State, as well as a citizen of the United States because, although a free person, he or she is not a citizen required by Article IV, Section 2, Clause 1 of the Constitution.

In addition, a black slave made a citizen of a State, by a State, after the adoption of the Constitution could not be a citizen of a State under Article IV, Section 2, Clause 1 because such a person; that is, the black slave, had to be a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution.

From Dred Scott v. Sanford: “It is true, every person, and every class and description of persons, who were at the time of the adoption of the Constitution recognised as citizens in the several States, became also citizens of this new political body; BUT NONE OTHER; it was formed by them, and for them and their posterity, but for no one else."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dan Goodman | Attorney Advertising

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