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Dred Scott was indirectly overruled in the Slaughter-House Cases, which noted that Dred Scott's holding was superseded by the passage of the Thirteenth Amendment to the United States Constitution in 1865, which abolished slavery, and the Fourteenth Amendment in 1868, which guaranteed full rights and citizenship regardless of race. Though it is sometimes said that Dred Scott was never officially overruled, the Slaughter-house cases did note that the post-Civil War 14th Amendment (and thus enacted after the Dred Scott case) had overruled it, although the Court was merely noting the fact that Dred Scott had already been overruled by the amendment; it was not the Court that overruled Dred Scott, but Congress and the states:
The first observation we have to make on this clause is, that it puts at rest both the questions which we stated to have been the subject of differences of opinion...
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Common topics in this essay:
- Dred Scott
- Dred Scott
- Dred Scott
- The Dred Scott Decision
- Dred Scott Desicion
- Civil War Dred Scott
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- The Fourteenth Amendment
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