Due Process

Question 1

Who is the 5th amendments prohibition on taking private property for public use without compensation applicable to?

Answer 1

The federal government

Question 2

Scott v Sanford holding

Answer 2

1) slaves were not people and therefore not citizens under the constitution. As a result they had no rights, no right to sue. Even if in a free state.
2) the missouri compromise that banned slavery past a certain territory of states was void because it violated slaveowner’s due process rights under the 5th amendemnt.

Question 3

What was Scott v Sanford about?

Answer 3

A slave who had temporarily lived in a state that prohibited slavery but returned back to a slave state and asked the court to grant him his freedom due to being in the free state.

Question 4

In Scott v Sanford, what was the ultimate result and reasoning for Scott, and for the country?

Answer 4

The decision held that African Americans would never be full citizens with full rights, privileges and immunities because at the writing of the AOC and Const., black people were considered property and not people.