American government Unit 3

Lesson 17 Pages 117-122 How did the Civil War test and transform the American Constitutional System? Objective: Describe several important constitutional issues raised by President Lincoln’s actions, including the suspension of the writ of habeas corpus and the Emancipation Proclamation. Explain similarities and differences between the US Constitution and the constitution of the Confederate States of America.

How did Constitutional issues lay foundations for the Civil War? The Constitution and Slavery: Framers tried to avoid the issue of slavery at the Constitutional Convention. Debated before 1860: Abolitionists: “slave” is not in the Constitution because the Framers knew it was wrong and wanted it to end within 20 years. Advocates: Framers intended slavery to last forever – regulated by the state. No enumerated powers over slavery within states.

The Constitution and new territories. Constitution did not give power over the states regarding slavery, but it did give the national government the power to make rules and regulations for new territories and approval of the proposed constitutions for new states.

The Constitution and new territories. Northwest Ordinance 1787: Banned slavery in the Northwest Territory. And states created from it. Missouri Compromise 1820: Dealt w/ vast regions of the Louisiana Purchase Missouri- slave sate / Maine-free state South of Missouri- slave North of Missouri- free

Northwest Ordinance

Missouri Compromise

The Constitution and new territories. For the first 60 years the Union admitted one free state and one slave state at a time as to keep a balance of power in Congress. Annexation of Texas (Mexican-American War 1848) Disrupted the balance Compromise came from this. Compromise of 1850 CA comes in as a free state South gets a stronger fugitive slave law

The Constitution and new territories. Very divisive issue. By 1850s there were 2 proposals: “free soil” – no territory is open to slavery Kansas-Nebraska Act- popular sovereignty (people decide if they want to be a free state or not)

The Fugitive Slave law and Dred Scott v. Sandford. New law: not only did you have to return fugitive slaves to their owners, now you had to actively help catch them. You can imagine that abolitionists did not take kindly to the fact that they now could be forced to help return people to slavery.

The Fugitive Slave law and Dred Scott v. Sandford. Scott- slave that was taken to free states. He sued for his freedom citing that he resided in a free state for a period of time. Supreme Court Chief Justice Roger Taney wrote the majority opinion which reached some shocking conclusions…

The Fugitive Slave law and Dred Scott v. Sandford. African Americans (free or enslaved) could not become a citizen of the USA. Individual states could grant citizenship, but not the USA. The national government did not have the right to ban slavery in the territories because slaves were property. The due process clause of the 5th Amendment protected property rights anywhere in the US (state or territory). Slaves are property. Taney thought that his decision would peacefully end the debate, it did the opposite and was one of the biggest contributors to the Civil War.

What was secession, and what were the arguments for and against its Constitutionality? 1860- Lincoln was elected President and committed to “free soil” principles. Scared of an administration that was committed to abolishing slavery, 11 states secede from the Union. Formed the Confederate States of America. Adopted a constitution in March 1861. Governed 9 million people (3.6 M Slaves)

Arguments for the right to secede: What was secession, and what were the arguments for and against its Constitutionality? Arguments for the right to secede: Union was a compact of sovereign states. No state gave up its sovereignty when it ratified that Constitution. States & citizens possessed the right of revolution. Right to own slaves, property, has been violated Second American revolution

Arguments against secession: What was secession, and what were the arguments for and against its constitutionality? Arguments against secession: Lincoln & other northerners denied the right to secede. This was a “perpetual union” “No government proper ever has a provision in its organic law for its own termination.” Lincoln argued that the South seceded not because any constitutional rights had been violated, but because of the fear of losing slaves. Act of rebellion.

What constitutional issues did the civil war provoke? South’s main reason: slavery Lincoln’s main reason: preserve the Union. While Lincoln was an abolitionist he recognized that it was the duty of the President to “defend the Constitution” even if it meant allowing slavery to continue. Refused to recognize the “right of secession” and called the war a “domestic insurrection”

What constitutional issues did the civil war provoke? Lincoln asserted unprecedented presidential powers: Calling up the militia Expanded US Army when Congress was not in session Exercised extraordinary power in curtailing individuals’ rights in wartime Suspended writ of habeas corpus Authorized military trials for civilians People arrested for “treasonable language” and publications that appear to threaten the Union. Emancipation Proclamation: freed the slaves Done as a military strategy Profound and symbolic significance

How did the Civil War resolve issues that the framers left unanswered? 1865- 13th Amendment abolished slavery Ended the idea of secession as a constitutional right. Supremacy of the national government. Definition of national citizenship (Civil Rights Act of 1866) 14th Amendment- citizenship, equal protection and due process 15th Amendment- cannot deny a citizen the right to vote on bases of race, color or status as former slave.

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