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" 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 offense against the laws,... "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Page 448
by United States. Supreme Court - 1857
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Slavery, Law, and Politics: The Dred Scott Case in Historical Perspective

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...
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The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal

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...
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The Supreme Court's Constitution: An Inquiry Into Judicial Review and Its ...

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,...
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Slavery and Its Consequences: The Constitution, Equality, and Race

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...
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Liberty, Property, and Government: Constitutional Interpretation Before the ...

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...
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Nomination of Robert H. Bork to be Associate Justice of the Supreme ..., Part 1

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...
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Nomination of Robert H. Bork to be Associate Justice of the Supreme ..., Part 1

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...
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America in 1857: A Nation on the Brink

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...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

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...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

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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