| Don Edward Fehrenbacher - History - 1981 - 340 pages
...by the due-process clause of the Fifth Amendment. "And," Taney continued, "an act of Congress which deprives a citizen of the United States of his liberty...Territory of the United States, and who had committed no offense against the laws, could hardly be dignified with the name of due process of law." With this... | |
| Juan R. Torruella - Constitutional history - 1985 - 354 pages
...Pennsylvania..."; and (2) Chief Justice Taney's holding in Scott v. Sanford,104 that "an Act of Congress which deprives a citizen of the United States of his liberty...into a particular Territory of the United States... could hardly be dignified with the name of due process of law." Randolph argued that upon the annexation... | |
| Bernard H. Siegan - Law - 232 pages
...exercise them."132 Taney explained this "express" limitation as follows: And an act of Congress which deprives a citizen of the United States of his liberty...the United States, and who had committed no offence [sic] against the laws, could hardly be dignified with the name of due process of law.1" On this point,... | |
| Robert A. Goldwin, Art Kaufman - History - 1988 - 204 pages
...Constitution. Taney held that Congress cannot prohibit slavery in federal territory: "an Act of Congress which deprives a citizen of the United States of his liberty...Territory of the United States, and who had committed no offense against the laws, could hardly be dignified with the name of due process of law." Nor, Taney... | |
| Ellen Frankel Paul, Howard Dickman - Law - 1989 - 316 pages
...employed incidentally Wynehamer's novel approaches and assumptions, stating: [An] Act of Congress which deprives a citizen of the United States of his liberty...Territory of the United States, and who had committed no offense against the law, could hardly be dignified with the name of due process of law. Were Dred Scott... | |
| United States. Congress. Senate. Committee on the Judiciary - Judges - 1989 - 1332 pages
...brought his property into a particular territory of the United States and had committed no offense against the laws, could hardly be dignified with the name of due process of law. What Taney did was decide that an act of Congress forbidding slavery in certain territories was unconstitutional... | |
| United States. Congress. Senate. Committee on the Judiciary - Judges - 1989 - 1322 pages
...slave, and he said this — this is the first use that I know of — he said an act of Congress which deprives a citizen of the United States of his liberty or property — he is talking about the slave master — an act of Congress which deprives a citizen of the United... | |
| Kenneth M. Stampp - History - 1992 - 411 pages
...citizen of his (slave) property merely because he brought it into a territory of the United States, "could hardly be dignified with the name of due process of law." Moreover, he asserted, "if Congress itself cannot do this — if it is beyond the powers conferred... | |
| David P. Currie - Law - 1992 - 518 pages
...grounds. In "Scott v. Sandford, 60 US (19 How.) 393, 450 (1857) (Taney, CJ): An act of Congress which deprives a citizen of the United States of his liberty...be dignified with the name of due process of law. Whether Taney actually spoke for a majority on this issue, and whether he really meant to base his... | |
| David P. Currie - Law - 1992 - 518 pages
...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...hardly be dignified with the name of due process of law.259 Nothing in the Constitution, he added, "gives Congress a greater power over slave property,... | |
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