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What if the U.S. Supreme Court had declared Dred Scott free?

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Thanks for the A2A! IANAL, but this is a fun one to speculate on, so I'll take a whack. The tl;dr of my answer is - history would've changed, but maybe not for the better! read more

The lower Missouri court, in fact, had ruled in favor of Scott: the Missouri Supreme Court had over-ruled them. Suppose that the Supreme court would’ve affirmed the original lower court decision: Scott was free because he had spent long enough in free territory. This would’ve been, I think, a plausible result, perhaps even the expected result. read more

The Missouri Compromise had banned slavery north of the 36 30 The Dred Scott decision said that banning slavery is a violation of the 5th amendment protection of property. Banning slavery is like taking away property. read more

Dred Scott decision: Legal case (1857) in which the U.S. Supreme Court delivered a sweeping pro-slavery decision that pushed America closer to civil war. read more

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