Read the passage from the opinion of the court in Dred Scott v. Sandford, written by Justice Taney.
Which statement best describes the fallacy in this
passage?
Abel
The question before us is, whether the class of persons
described in the plea in abatement compose a portion of
this people, and are constituent members of this
sovereignty? We think they are not, and that they are not
included, and were not intended to be included, under the
word "citizens" in the Constitution, and can therefore
claim none of the rights and privileges which that
instrument provides for and secures to citizens the
United States. On the contrary, they were at that time
considered as a subordinate and inferior class of beings,
who had been subjugated by the dominant race, and,
whether emancipated or not, yet remained subject to
their authority, and had no rights or privileges but such
as those who held the power and the Government might
choose to grant them.
O Justice Taney assumes that the writers of the
Constitution would agree with him about citizenship.
O Justice Taney uses the argument that African
Americans are not citizens to prove that they are not
citizens.
O Justice Taney assumes that the other justices on the
court would agree with him about citizenship.
O Justice Taney uses the argument that Dred Scott is
an enslaved person to prove that he is not a citizen.