The Nationalization of Slavery: A Counter-Factual Approach to the 1860’s
Albany Law School - Government Law Center
Louisiana Studies, Vol. XIV, No. 3, 1975
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
Date posted: July 17, 2009
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