Unit 1 Cornell - C “Explain the debate over States Rights versus federal authority and why the nation dissolved into civil war and what were the consequences ?”

I. “Tug-o-War” States Governments vs. National Government After the Constitution is ratified, WHY would there be a “competition” between the national government and the state governments? What would they bicker over?

The Constitution of 1787 Federalism Powers “shared” between States & National Governments

What happens when there is a conflict between the States and Federal governments over POWER ? Who decides which side is right ? What if attempts to compromise fail ? Which government has legal “authority” to exercise power ?

I. Tug-o-War: States v. Federal governments The new constitution set up FEDERALISM = GOVERNMENT system where ultimate authority/power is SHARED between a NATIONAL government and STATE governments (each is “sovereign” = They each can create their own LAWS, courts, police, enforcement, etc.) This has led to a ongoing “tug-o-war” between them What does the rope signify in this “tug-o-war?

II. Issues and Arguments: State vs. Federal Authority = When there is a CONFLICT over POWER between these two governments Whose authority shall prevail (who wins?) Example today: marijuana laws

II. Issues and Arguments: What the U.S. Constitution says For State Authority (power): 10th Amendment = any powers that are not listed/given to the FEDERAL government is reserved for the states See pg. 96-97 examples: power to run SCHOOLS, conduct ELECTIONS, etc. For Federal Authority (power): The “Constitution” lists the powers for each BRANCH -Article I, Sect. 8—powers to TAX, to raise an ARMY, etc. -Also, the “ELASTIC Clause” – Congress has the power to pass all laws that are “NECESSARY & PROPER” to carry out its listed powers it has. See pg. 88

II. Issues and Arguments: 2 Interpretations of the Constitution “STATES Rights” Advocates (Anti-Federalists) NULLIFICATION = States can refuse to RECOGNIZE laws passed by Congress that it considers to be UNCONSTITUTIONAL Adding new states to the union STATES have the power to decide whether they will be “slave” or “free” states See Pg. 160 and A31 “FEDERALISTS” JUDICIAL REVIEW = only the Supreme Court can declare a law passed by Congress, to be UNCONSTITUTIONAL Adding new states to the union CONGRESS shall decide whether new states will be “slave” or “free” states  Congress tried 3 compromises to keep a balance between slave & free states—eventually THEY ALL FAIL.

Compromise Fails over Slavery Issue in New States Southerners worried that if they are outnumbered in the House of Rep’s then Abolitionists will be able to make slavery illegal -- that’s why they want more “slave” states and more Rep’s in Congress ! Interactive Notebook pg.166 Unit 1: Cornell-C Pg. 166 Who was Dred Scott ? Why did he say he could be free ? Why did the Dred Scott case of 1857 matter ?

Lincoln Elected in 1860 Lincoln was against the further spread of slavery – but said he would not eliminate slavery Southerners didn’t trust him – they decided to “secede” from the Union !

These arguments led to the CIVIL WAR – When compromise failed

III. Consequences of the Civil War How Southerners viewed Reconstruction After the Civil War the federal government tried to “reconstruct” (or REFORM the South) – to make the South more like the NORTH An important objective of Reconstruction was to include the EX-SLAVES because they were free, but had no LEGAL status or RIGHTS. Ex-slaves will have the full rights of citizenship – including holding office, voting, etc.

13th, 14th and 15th Amendments Pg. 98-100 What was the purpose of the 13th, 14th and 15th Amendments to the Constitution? How did they help ex-slaves? Answer in class notes

Did Reconstruction Work? Union TROOPS had to enforce the new Amendments and protect ex-slaves… Northerners got tired of sending YOUNG SOLDIERS to occupy the South…What happens next?

Did Reconstruction Work? White Southerners resist ! Birth of KKK and lynchings of Blacks, etc. Reconstruction FAILED  SEGREGATION, RACIAL DISCRIMINTATION & OPPRESSION prevailed --Jim Crow Laws