How did the Civil War test and transform the American Constitutional system? Lesson 17

Slave Laws The Constitution does not make slavery illegal up until this point in history Slavery was ruled illegal in the Northwest Ordinance Territories under the Articles of Confederation Fugitive Slave Law: Requires states to return escaped slaves to their owners. 3/5 Compromise: Allowed slave states to count slaves towards their representation in congress The Constitution does not make slavery illegal up until this point in history Slavery was ruled illegal in the Northwest Ordinance Territories under the Articles of Confederation Fugitive Slave Law: Requires states to return escaped slaves to their owners. 3/5 Compromise: Allowed slave states to count slaves towards their representation in congress

Importation of Slaves Article 1, Section 9 : Prohibited Congress from the importation of slaves in Thomas Jefferson and Congress would pass the bill through that forbid the importation after this date. Article 1, Section 9 : Prohibited Congress from the importation of slaves in Thomas Jefferson and Congress would pass the bill through that forbid the importation after this date.

Addressing slavery The constitution did not specifically say what the national government could due with slavery within certain states. Abolitionists: Those who opposed slavery Abolitionists argued that the founders, although not specifically, said that slavery was meant to end. The constitution did not specifically say what the national government could due with slavery within certain states. Abolitionists: Those who opposed slavery Abolitionists argued that the founders, although not specifically, said that slavery was meant to end.

New States The national government could still control if territories would be slave or free. When the Louisiana Purchase occurred in 1803, the U.S. had an increasing amount of land to deal with. The Missouri Compromise: Missouri would be a slave state as long as areas north of the Missouri border would remain free. The national government could still control if territories would be slave or free. When the Louisiana Purchase occurred in 1803, the U.S. had an increasing amount of land to deal with. The Missouri Compromise: Missouri would be a slave state as long as areas north of the Missouri border would remain free.

Mexican - American War After the war the U.S. had won half of Mexico’s territory.

California California would become the first new state from the recently conquered territory. Traditionally states had entered the union with another state (1 Free, 1 Slave). This was done to keep an equal balance in the senate. California entered the Union as a free state, without a complimenting slave state. A stronger fugitive slave law was all that got the new state passed through. California would become the first new state from the recently conquered territory. Traditionally states had entered the union with another state (1 Free, 1 Slave). This was done to keep an equal balance in the senate. California entered the Union as a free state, without a complimenting slave state. A stronger fugitive slave law was all that got the new state passed through.

Free Soil Free Soil was the idea that slavery would eventually die out if all new states were free Abe Lincoln was a free soilist, he was not an abolitionist. Free Soil was the idea that slavery would eventually die out if all new states were free Abe Lincoln was a free soilist, he was not an abolitionist.

Kansas-Nebraska Act When becoming a state, it was now up to the people to choose by popular vote if the state would be free or slave. This made the Missouri Compromise unconstitutional When becoming a state, it was now up to the people to choose by popular vote if the state would be free or slave. This made the Missouri Compromise unconstitutional

Dred Scott The original Fugitive Slave Law was rarely enforced. In the new Fugitive Slave Law of 1850, anyone who did not return a slave faced prosecution, thus requiring everyone to obey it. Many northern states passed Personal Liberty Laws, which voided the Fugitive Slave Law. The original Fugitive Slave Law was rarely enforced. In the new Fugitive Slave Law of 1850, anyone who did not return a slave faced prosecution, thus requiring everyone to obey it. Many northern states passed Personal Liberty Laws, which voided the Fugitive Slave Law.

Scott was a slave whose master moved him to the free state of Illinois and then Wisconsin Scott’s master died while he was in Wisconsin, however, the man who inherited Scott moved him back to Missouri. Scott sued for his freedom Scott was a slave whose master moved him to the free state of Illinois and then Wisconsin Scott’s master died while he was in Wisconsin, however, the man who inherited Scott moved him back to Missouri. Scott sued for his freedom

Chief Justice during the trial was Roger Taney, a former slave owner He came to the following conclusions Slaves were not citizens of the U.S. Slaves did not even have the right to sue since they were property The national government can not exclude slavery from territories 5th Amendment protect private property Chief Justice during the trial was Roger Taney, a former slave owner He came to the following conclusions Slaves were not citizens of the U.S. Slaves did not even have the right to sue since they were property The national government can not exclude slavery from territories 5th Amendment protect private property

Shortly after Lincoln wins the election southern states begin to secede: to leave the union. The new Confederate States of America consisted of 11 states, 9 million people, and 3.6 million slaves. Shortly after Lincoln wins the election southern states begin to secede: to leave the union. The new Confederate States of America consisted of 11 states, 9 million people, and 3.6 million slaves.

States were sovereign (free) and had the ability to break away if need be. “A Second American Revolution,” southern rights were taken away, they have a right to rebel John Locke States were sovereign (free) and had the ability to break away if need be. “A Second American Revolution,” southern rights were taken away, they have a right to rebel John Locke Southern Reasoning

Northern Reasoning Northern states were preserving the union in a time of rebellion. The revolt needed to be put down. Northern states were preserving the union in a time of rebellion. The revolt needed to be put down.

New Confederate Constitution Was almost identical to the U.S. Constitution. Only some minor differences President only served one six year term Congress could not put tarrifs on states to promote industry Congress could not use money for internal improvements Protected slavery Was almost identical to the U.S. Constitution. Only some minor differences President only served one six year term Congress could not put tarrifs on states to promote industry Congress could not use money for internal improvements Protected slavery

Lincoln’s Actions Lincoln rose and expanded the militia when Congress was not in session - Not allowed Lincoln took away the Writ of Habeas Corpus He ignored Judge Taney’s order to re- issue it Emancipation Proclamation: Freed all slaves in Southern states, but not in the border states. Lincoln rose and expanded the militia when Congress was not in session - Not allowed Lincoln took away the Writ of Habeas Corpus He ignored Judge Taney’s order to re- issue it Emancipation Proclamation: Freed all slaves in Southern states, but not in the border states.

13th Amendment Abolished slavery in the United States and any place under U.S. control Because slaves were now freed, southern states passed Black Codes, which prevented African-Americans from truly being free. Abolished slavery in the United States and any place under U.S. control Because slaves were now freed, southern states passed Black Codes, which prevented African-Americans from truly being free.

14th Amendment Any individual born in the U.S. is now a legal U.S. citizen This made the Dred Scott decision void Provides equal due process of law for all individuals now Incorporation: Applying national laws at the state level. Any individual born in the U.S. is now a legal U.S. citizen This made the Dred Scott decision void Provides equal due process of law for all individuals now Incorporation: Applying national laws at the state level.

15th Amendment Prohibited national and state governments from preventing the right to vote based on race, color, or status as former slaves.

Southern Opposition Amendments 13, 14, and 15 were heavily opposed in the south They began passing new laws to try and prevent African-Americans from voting Poll Tax: Required citizen to pay a tax in order to vote Literacy tests: Required citizens to prove they could read and write prior to voting. Amendments 13, 14, and 15 were heavily opposed in the south They began passing new laws to try and prevent African-Americans from voting Poll Tax: Required citizen to pay a tax in order to vote Literacy tests: Required citizens to prove they could read and write prior to voting.

Grandfather clauses Allowed people to vote only if their Grandfather had been eligible to vote.