Taney further held that the Missouri Compromise of 1820 was unconstitutional and foreclose Congress from freeing slaves within Federal territories. The opinion showed deference to the Missouri courts, which held that moving to a free state did not render Scott emancipated. Finally, Taney ruled that slaves were property under the Fifth Amendment, and that any law that would deprive a slave owner of that property was unconstitutional. 

In dissent, Benjamin Robbins Curtis criticized Taney for addressing the claim’s substance after finding the Court lacked jurisdiction. He pointed out that invalidating the Missouri Compromise was not necessary to resolve the case, and cast doubt on Taney’s position that the Founders categorically opposed anti-slavery laws. 

John McLean echoed Curtis, finding the majority improperly reviewed the claim’s substance when its holding should have been limited to procedure. He also argued that men of African descent could be citizens because they already had the right to vote in five states.