Question

In the Scott v. Sandford case, why was the argument of Sandford’s widow based on the Fifth Amendment?

A.She believed that the Missouri courts had been unfair.
B.She believed that Scott had been born in a slave state.
C.She believed that Scott was trying to steal from her.
D.She believed that Scott was her late husband’s property.

Answer 1

Hello there.

In the Scott v. Sandford case, why was the argument of Sandford’s widow based on the Fifth Amendment?

D.She believed that Scott was her late husband’s property.

Answer 2

The correct answer is:

D. She believed that Scott was her late husband’s property.

Dred Scott was a Missouri slave who was sold to John Emerson in Saint Louis in 1833. When Emerson died ten years later, Scott sued his widow for his freedom in the Missouri Supreme Court, alleging that, since slavery was forbidden in the free States and territories by federal and State laws, his previous residency in Illinois gave him the status of a free man.

Sandford’s widow stated that depriving someone of property, meaning Dred Scott, without due process violated the 5th Amendment.