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He declared that the Missouri Compromise was unconstitutional because Congress had no power to regulate slavery in the territories despite Article IV, section 3 giving Congress the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. According to his reasoning, slavery could become legal throughout the nation

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Ex Parte Merryman (1861) by Allen Guelzo Essay #62 Chief Justice Roger B

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This he had devised several years earlier in the course of tryingand winninga negligence suit against an ice-cream company whose bell-ringing truck had enticed a small girl to run into a roadway, where she was struck by a car and seriously injured