LAD #14 Dred Scott Decision

Justice Nelson wrote the first majority decision, however his decision ended up only being his opinion and therefore it was thrown out. Justice Roger Taney was then chosen to write the majority decision. He addressed everything, including Negro citizenship and the constitutionality of the Missouri Compromise. Taney first addresses the question of Negro citizenship. Taney stated that Negros were not citizens and therefore they could not sue in court. Taney then moved on to address the Missouri Compromise. He declared it unconstitutional because it went against the 5th amendment by threatening the property rights of slave holders. Taney ruled that the case be dismissed because a slave is property and property can not sue. Therefore, Taney ruled in favor of Stanford, not Scott.