Question

In the Scott v Sanford case why was the argument of sanfords widow based on the fifth amendment

Answer 1

Answer:

People in the South welcomed the decision, while people in the North feared it. In the Scott v. Sandford case, why was the argument of Sandford's widow based on the Fifth Amendment? She believed that Scott was her late husband's property.

Answer 2

She believed that Scott was her late husband's property

Explanation:

• Dred Scott versus Sandford, was an important decision of the US Supreme Court. The case in which the court ruled that American citizenship for Black men, whether enslaved or free, was not covered by the US Constitution and that the freedoms and privileges bestowed upon US citizens cannot be extended to black people
• The decision was taken with regard an enslaved Black Man named Dred Scott whose owner(the stanfords) took him to the Missouri Territory from Missouri (a slave state), most parts of which were declared "free" territories under the Missouri Compromise, 1820. When his owners brought him back to Missouri afterwards, Scott fought for his freedom and argued that he was immediately freed because he was taken to the "free" U.S. territory and technically was no longer slave.
• Scott first sued at the State Court in Missouri, which ruled that under its law he was still a slave. He then appealed at the US federal court which ruled that Missouri law would be applicable to his case. Then he appealed to the US Supreme Court.
• But the court has stated that all Africans, slave or free, do not have the right to sue before the federal courts. Furthermore, he wrote that Fifth Amendment that safeguarded the rights of slave owners because slaves were their legal property