1. The Civil War and the Constitution Unit 3, Lesson 17

2. Slavery & the Constitution Supporters of slavery felt it was a property issue = state regulatedSupporters of slavery felt it was a property issue = state regulated Abolitionists felt the Framers knew Slavery was wrongAbolitionists felt the Framers knew Slavery was wrong –not specifically mentioned in Const. –Importation made illegal in 1808.

3. Powers of Congress regarding slavery New Territories & States.New Territories & States. –Northwest Ordinance (1787) –Missouri Compromise (1820) –Compromise of 1850 (1850) –Kansas-Nebraska Act (1854)

4. Effect of Congressional Acts Caused Regional arguments over…Caused Regional arguments over… –Balance of Power in the Senate –Idea of Slaves as Property or People –State vs. Federal jurisdiction

5. Dred Scott v. Sandford (1857) Slave from MO who sued owner on grounds of spending some time in free territory (IL).Slave from MO who sued owner on grounds of spending some time in free territory (IL). Case lost in state and federal court before it was appealed in the Supreme Court.Case lost in state and federal court before it was appealed in the Supreme Court.

6. Chief Justice Taney’s Decision African Americans are not citizens = Scott can’t sue in courtAfrican Americans are not citizens = Scott can’t sue in court Govt. can’t exclude slavery from territories = slaves are property.Govt. can’t exclude slavery from territories = slaves are property. Due process clause under 5 th Amendment protects property anywhere in country.Due process clause under 5 th Amendment protects property anywhere in country.

7. Arguments for Secession No state gave up sovereignty in ratifying Constitution = could willingly leave the Union.No state gave up sovereignty in ratifying Constitution = could willingly leave the Union. Citizens have right of revolution if govt. violates their property rights = slaves!Citizens have right of revolution if govt. violates their property rights = slaves!

8. Arguments against Secession Lincoln felt secession was not constitutional = Union was perpetual.Lincoln felt secession was not constitutional = Union was perpetual. Southern states rights not violated = they seceded out of fear.Southern states rights not violated = they seceded out of fear. Secession was rebellion by individuals, not states.Secession was rebellion by individuals, not states.

9. Lincoln’s Unprecedented Powers Expanded the US Army while Congress was out of session. Suspended Habeas Corpus = 13,000 jailed. Military trials for civilians = no juries. Issued Emancipation Proclamation as a military necessity.

10. What did the Civil War Resolve? 13 th Amendment abolished slavery.13 th Amendment abolished slavery. Ended idea of secessionEnded idea of secession 14 th Amendment14 th Amendment –Citizenship defined –protection from state laws 15 th = Universal male suffrage!15 th = Universal male suffrage!

11. An Unfinished Revolution? Public support for black rights weakened.Public support for black rights weakened. Amendments ineffectualAmendments ineffectual –South: Jim Crow laws & restrictions on voting. US govt. failed to enforce AmendmentsUS govt. failed to enforce Amendments