While the opinion of the court, by Chief-Justice Taney, in the Dred Scott case and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it.
About this quote
- What does it mean?
- The court's ruling on federal slavery law omitted whether states could exclude slavery.
- In plain terms
- The judges said Congress could not ban slavery but did not say if states could.
- What can you take from it?
- Note what is left out of legal interpretations.
Where it applies
Putting it to work
Questions to consider
- What does leaving out a detail mean?
- How does jurisdiction affect rights?
Another view
Assuming omission implies intent may be legally unsupported.
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