Read the passage from the opinion of the court in Dred
Scott v. Sandford, written by Justice Taney.
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 of 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.
Which statement best describes the fallacy in this
passage?
Justice Taney assumes that the writers of the
Constitution would agree with him about citizenship.
Justice Taney uses the argument that
Black people are not citizens to prove that they are
not citizens.
Justice Taney assumes that the other justices on the
court would agree with him about citizenship.
Justice Taney uses the argument that Dred Scott is
an enslaved person to prove that he is not a citizen.
