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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 describes the fallacy in this passage?

A. Justice Taney assumes that the writers of the Constitution would agree with him about citizenship.
B. Justice Taney uses the argument that Black people are not citizens to prove that they are not citizens.
C. Justice Taney assumes that the other justices on the court would agree with him about citizenship.
D. Justice Taney uses the argument that Dred Scott is an enslaved person to prove that he is not a citizen.



Answer :

Final answer:

The fallacy in Justice Taney's reasoning in Dred Scott v. Sandford lies in the assumption that historical lack of citizenship status permanently excludes individuals from citizenship and its associated rights.


Explanation:

The fallacy in the passage from the opinion of the court in Dred Scott v. Sandford, written by Justice Taney, lies in the assumption that because Blacks were not considered citizens at the time of the Constitution's drafting, they could never be citizens.

This flawed reasoning is evident in Taney's argument that enslaved individuals, regardless of their status, were not intended to be covered under the Constitution and hence could claim no rights or privileges as citizens.

Furthermore, Taney's conclusion demonstrates an erroneous connection between an individual's lack of citizenship and their inherent rights and freedoms.


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