Read the passage from the opinion of the court in Dred
Scott v. Sandford, written by Justice Taney.
The question before us is, whether the class of persons
described in the plea in abatement compose a portion of
this people, and are constituent members of this
sovereignty? We think they are not, and that they are not
included, and were not intended to be included, under the
word "citizens" in the Constitution, and can therefore
claim none of the rights and privileges which that
instrument provides for and secures to citizens of the
United States. On the contrary, they were at that time
considered as a subordinate and inferior class of beings,
who had been subjugated by the dominant race, and,
whether emancipated or not, yet remained subject to
their authority, and had no rights or privileges but such
as those who held the power and the Government might
choose to grant them.
Which statement best serves as a counterclaim to the
claim in this passage?
O Taney fails to provide any actual evidence for his
statements that Black people were universally
considered inferior.
O Taney cannot use states' rights to claim that the
plaintiff is not a citizen, because citizenship is federal.
O Taney's argument that emancipated people were still
controlled by White people is false because they were
free.
O Taney's argument that Blacks were not citizens is
false because their ancestors were forced to come
here.

In this passage from the opinion of the court in Dred Scott v. Sandford, Justice Taney argues that Black people are not considered citizens under the Constitution and are seen as subordinate to the dominant race. To provide a counterclaim to this argument, one could argue as follows:

1. Taney fails to provide any actual evidence for his statements that Black people were universally considered inferior:
This counterclaim challenges Taney's assertion by pointing out the lack of concrete evidence to support his claim that Black people were universally viewed as inferior. It questions the basis of Taney's argument and highlights the need for substantiated proof to make such a sweeping statement.

2. Taney's argument that Blacks were not citizens is false because their ancestors were forced to come here:
This counterclaim challenges Taney's reasoning by suggesting that the historical context of Black people being brought to the United States as slaves does not automatically negate their citizenship status. It questions the validity of Taney's argument based on the circumstances of Black people's arrival in the country.

These counterclaims offer alternative perspectives to challenge Justice Taney's assertions in the passage and invite a reevaluation of the reasoning presented in the court's opinion.