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For Example, No One, We Presume, Will Contend That Congress

Question 9

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For example, no one, we presume, will contend that Congress can make any law in a Territory respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech…
These powers, and others, in relation to rights of person, which it is not necessary here to enumerate, are, in express and positive terms, denied to the General Government; and the rights of private property have been guarded with equal care. Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the Constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law. And an act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.
--Chief Justice Roger Taney, Dred Scott v. Sandford, 1857
-The Supreme Court's Dred Scott v.Sandford (1857) decision narrowed the scope of the federal government's power by determining that __________.


A) state laws were supreme over conflicting national laws
B) states had inherent power to nullify federal laws -Consider This: The nullification question was not solved until after the Civil War.
C) Congress could not regulate interstate commerce
D) Congress lacked the authority to ban slavery in the territories

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