Reply To: On article 4 and the 5th amendment re: slavery


Dred Scott v. Sandford (1857) is sometimes said to be the first Substantive Due Process case, as in his opinion for the Court Chief Justice Taney read a substantive protection — the right to take one’s slaves into the territories — into a procedural provision of the Constitution. If it doesn’t make sense to you now, it didn’t make sense to a good many people then, either.