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

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

28 Pages Posted: 17 Jul 2009  

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 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.”

Keywords: slavery

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: https://ssrn.com/abstract=1434452

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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