Which statement best describes the fallacy in this passage? 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
Justice Taney assumes that the writers of the
Constitution would agree with him about citizenship.
Justice Taney uses the argument that African Americans
are not citizens to prove that they are not citizens.
Justice Taney assumes that the other justices on the
court would agree with him about citizenship.
Justice Taney uses the argument that Dred Scott is an
enslaved person to prove that he is not a citizen.