Nice try. If Dred Scott had been a suit over a slave owner's right to have their escaped slaves returned from a free state, then you'd be on point. But, you aren't.
Dred Scott sued his owners for his freedom and, ultimately, the USSC said, essentially, he didn't even have standing to sue. The Dred Scott decision was consistent with the Constitution
at the time. Which is exactly the point I made originally.
This is the sort of thing that I can almost agree with Fat Tony Scalia about. The Constitution provides for alterations that are deemed unacceptable. That's how it is supposed to work. I'm not naive. If the 13th Amendment had passed prior to April, 1860, there almost certainly still would have been a Civil War as violent as it was in the absence of Amendment 13. But, it should have been done. If it had been, then the North would have truly had the moral, ethical upper hand. But, they didn't, so they don't. Instead Dubya the First (aka A. Lincoln) treated the Constitution as if it were a worthless rag, ignoring the parts that restricted his power and abusing the civil rights guaranteed the people within it. Only after the South lay in ashes did the North do the right thing.
But the war was not fought over morality. Slavery was only tangentially involved. But, you Yankees can keep pretending that wonderful morally superior Christian Soldiers of the North marched southward and whipped up on the stupid, racist Southerners in order to free the slaves. It's a timeless children's fable I have no doubt will be repeated to my great-grandchildren. That is, if the Yankee government in DC lasts that long. ;0)
Aside: The opinion was an overreach, obviously, in that the ruling barred the Congress from barring slavery. But, I did read something that I'm sure I knew once, but had forgotten.
Ironically, Irene Emerson was remarried in 1850 to Calvin C. Chaffee, a northern congressman opposed to slavery. After the Supreme Court decision, Mrs. Chaffee turned Dred and Harriet Scott and their two daughters over to Dred's old friends, the Blows, who gave the Scotts their freedom in May 1857. On September 17, 1858, Dred Scott died of tuberculosis and was buried in St. Louis.
http://americancivil...d/dred_scott.html