Abstract

http://ssrn.com/abstract=1434452
 


 



The Nationalization of Slavery: A Counter-Factual Approach to the 1860’s


Paul Finkelman


Albany Law School - Government Law Center

1975

Louisiana Studies, Vol. XIV, No. 3, 1975

Abstract:     
This article explores the “tendency” towards legalized slavery in all the states, as Lincoln stated in his “House Divided” speech. While it was unlikely that society, without national emancipation, would eventually accept slavery everywhere, the leanings of the court after Dred Scott illustrated that the nation could not remain divided on the issue from a legal and constitutional standpoint. This article offers five types of Constitutional cases that might have reached the Supreme Court had there not been a Civil War; these suggest the direction the Court might have taken in declaring that a state could not “exclude slavery from its limits.”

Number of Pages in PDF File: 28

Keywords: slavery

Accepted Paper Series


Download This Paper

Date posted: July 17, 2009  

Suggested Citation

Finkelman, Paul, The Nationalization of Slavery: A Counter-Factual Approach to the 1860’s (1975). Louisiana Studies, Vol. XIV, No. 3, 1975. Available at SSRN: http://ssrn.com/abstract=1434452

Contact Information

Paul Finkelman (Contact Author)
Albany Law School - Government Law Center ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

Feedback to SSRN


Paper statistics
Abstract Views: 620
Downloads: 68
Download Rank: 197,636

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.266 seconds