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For Dred Scott: When a person enters a free State or territory, the free status overrides the previous condition of servitude. Since slavery was forbidden in the free States and territories by federal and State laws, Dred Scott became free when he entered Illinois and Wisconsin.

For Sandford: To deprive a person of property (in this case, Dred Scott) without due process or just compensation violated the 5th Amendment, which states that "No person shall be... deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation." Dred Scott was still a slave and no master's property rights could be limited or taken away by a State or federal law.

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14y ago

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