Nationalism+and+Sectionalism

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Anthony Torres April 5, 2011 History- Period 7 __The Unconstitutionality of the Missouri Compromise__

The Missouri Compromise was a compromise made when Missouri wanted to become a state. This caused a problem because this threw off the balance of free to slave states in the House of Representatives. Missouri became a slave state and got two representatives. Alternately, the free states also got two representatives, because the government made Maine a free state. The Missouri Compromise is unconstitutional. This can be proven using the 3/5 Compromise and the 5th Amendment.

The 3/5 Compromise States that slaves are 3/5 of a person, thus not being a human being, but property. If slaves were property, they could easily be living in any area of the United States, from Florida to Maine, which were major areas impacted by the Missouri Compromise. Also, it is unconstitutional for the government to take property, also applying to slaves, without just compensation. Slaves could belong to any U.S. citizen, because they were considered property, and any property can be bought and/or kept.

The 5th Amendment states that the government cannot take property from citizens. However, the Missouri Compromise was made so that Missouri could become a slave state while Maine became a free state. If Maine became a free state, the people of Maine’s slaves (their Property) were to be freed, without just payment. This rule was enforced by the government even though they have no power to do so, which means it is unconstitutional.

The 3/5 Compromise and 5th Amendment prove that the Missouri Compromise is unconstitutional which is true.