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Chief Justice Roger B. Taney cited the Fifth Amendment Due Process Clause, insisting slaves could not be liberated from their masters because they were chattel (property), which gave all the legal rights to slave owners and none to slaves.

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Q: In the Supreme Court ruling against slaves were defined as property which the Fifth amendment of the Constitution protected?
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Is the first amendment expressly stated in the Constitution or conveyed through Supreme Court decisions?

The First Amendment is expressly stated in the Constitution.


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The decision of the Supreme Court in the Dred Scott case declared that the Constitution protected property - and that slaves were property. Simple as that. This could be taken to mean that no state could be officially free soil - the issue in the famous Lincoln-Douglas debates, which first brought Lincoln to nationwide notice.


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Slavery in the United States ended in 1865 when the 13th Amendment of the US Constitution was passed. It was necessary to create this amendment because the US Supreme Court had ruled in 1857, that slavery was legal. This was accentuated by the 1857 Dred Scott case that was decided by the US Supreme Court. At that time, the Court declared that Black slaves were property protected by the US Constitution. The abolishment of slavery, however, did not automatically place former slaves as equals among the White population.


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