1. Ideas that shaped Antebellum America
Philosophical Chaos

2. States Rights
Nullification & Succession

3. Declaration of Independence - 1776
Purpose
Statement
Does not directly deal with states’ Rights but the final paragraph refers to the United States of America
“Free and Independent States”

4. U.S. Constitution
1787, -88, -89
vague but a reference occurs in the 10th amendment
The purpose of the 10th Amendment is to define the establishment and division of power between the Federal government and state governments. This amendment also protects these powers from both entities. This amendment was used to define the federal taxing power, federal police power, and federal regulations.
The Pre-Amble

5. Declaration of Independence & U.S. Constitution
United States Or
States United
Debated for Decades

6. Marshall Court John Marshall (Federalists)
Chief Justice
9 members sitting on the S.C.
The Federal government was supreme in war, peace, trade, foreign affairs over states governments
Everything else was left up to the states

7. Slavery
Abolitionists were the minority

8. Declaration of Independence
Original draft vs Final Draft
“All men are created equal”
Anti-slavery sentiment???
Define “Men”

9. U.S. Constitution
The US Constitution in its original creation does not condemn slavery
Recognizes it as a part of American Society
1808 (20 yr. Moratorium)-- International Trade
Art. 1 sec. 9 "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."

10. Marshall Court Slavery is a local issue (Federalism)
**Constitutionally argued that the federal government can only regulate in territories. (Dred Scott Decision)
Dred Scott Decision: Scott was a black slave who had lived with his master for five years in Illinois and Wisconsin territory. He sued for his freedom on the basis of his long residence in free territory. The Dred Scott court decision was handed down by the Supreme Court on March 6,1857. The Supreme Court ruled that Dred Scott was a black slave and not a citizen. Hence, he could not sue in a federal court.

11. Dred Scott Decision
The Court ruled that Scott's "sojourn" of two years to Illinois and the Northwest Territory did not make him free once he returned to Missouri.
The Court further ruled that as a black man Scott was excluded from United States citizenship and could not, therefore, bring suit. According to the opinion of the Court, African-Americans had not been part of the "SOVEREIGN PEOPLE" who made the Constitution.
The Court also ruled that Congress never had the right to prohibit slavery in any territory. Any ban on slavery was a violation of the Fifth Amendment, which prohibited denying property rights without due process of law.
The Missouri Compromise was therefore unconstitutional.

12. Individual Rights
**Who and to what extent did they apply?!?!

13. Declaration of Independence
One of the world most important proclamations of individual rights
“Life, Liberty, and the pursuit of happiness”
**UNALIENABLE: unable to be taken away from or given away by the possessor.

14. U.S. Constitution
Original constitution did not include a bill of rights
Ratified 1791
Do the original framers support or not?

15. Marshall Court
The bill of rights restricted the actions of the Federal government but it does not apply to the states originally
It’s a federal constitution
Barron v. Baltimore (1833)
helped define the concept of Federalism
 the U.S. Supreme Court ruled that the 5th Amendment to the U.S. Constitution bound only the federal government and  was thus inapplicable to actions taken by state and local governments.
Reversed later by the passage of the 14th amendment (1868): citizen ship to former slaves
By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.

16. Equality
**Who and to what extent does it apply?!?!

17. Declaration of Independence
“All men are created equal”
Debate about “Men”

18. U.S. Constitution
Equality does not appear in the Constitution until the passage of the 14th amendment ( July 9, 1868)
14th Amendment:
Citizenship Clause: granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.
Due Process Clause: Forbids states from denying any person "life, liberty or property, without due process of law"
Equal Protections Clause: "deny to any person within its jurisdiction the equal protection of the laws.”

19. Marshall Court Never deals with this issue Focuses on economics
How does this show context of the time?

20. Compromise Generation vs. Transcendental Generation
Calhoun vs. Lincoln

21. Southern View John C. Calhoun: South Carolina Leader of the War Hawks
Served in House, Senate, VP, Secretary of War & State
Ran for P.O.T.U.S
**ARTICULATES THE PERSPECTIVE OF MANY SOUTHERNERS**

22. Northern View Abraham Lincoln
Founding member of the modern republican party
President ( )
Great Emancipator
**ARTICULATES THE PERSPECTIVE OF MANY NORTHERNERS**

23. States Rights States have power of Nullification (any federal law)
Calhoun
Lincoln
States have power of Nullification (any federal law)
The 13 states voluntarily joined an organization
THEREFORE they have the right to leave
Argument for Succession
Believed that the Union is perpetual (can’t be divided)
Secession is NOT possible
The U.S. is one nation untied by the Declaration and Constitution

24. Slavery A “Positive Good”
Calhoun
Lincoln
A “Positive Good”
Right to own slaves is protected by the constitution
BECAUSE WHY?
Immoral and Unjust
Violates Fundamental Principles of Freedom and Equality in the Declaration
BECAUSE WHY?
Because it says “All men are created equal”

25. Individual Rights
Calhoun
Lincoln
Rights are a reward to be earned and not a blessing granted to all people.
Liberty should be reserved for the intelligent, the patriotic, the virtuous, and the deserving
Declaration grants rights to all people and establishes fundamental principles of civil liberty.

26. Equality Declaration does not contain a word of Truth
Calhoun
Lincoln
Declaration does not contain a word of Truth
All people are NOT created equal.
Declaration states that all people are equal in rights.

27. Gettysburg Address
"Fourscore and seven years ago our fathers brought forth, on this continent, a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting-place for those who here gave their lives, that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate, we cannot consecrate—we cannot hallow—this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us—that from these honored dead we take increased devotion to that cause for which they here gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth."