The Civil War and the The Civil War and the ConstitutionConstitution

Unit 3, Lesson 17Unit 3, Lesson 17

Slavery & the ConstitutionSlavery & the Constitution

• Supporters of slavery felt it was a Supporters of slavery felt it was a property issue = property issue = state regulatedstate regulated

• Abolitionists felt the Framers knew Abolitionists felt the Framers knew Slavery was wrongSlavery was wrong– not specifically mentioned in Const. not specifically mentioned in Const. – Importation made illegal in 1808.Importation made illegal in 1808.

Powers of Congress regarding Powers of Congress regarding slaveryslavery

• New Territories & States.New Territories & States.

– Northwest Ordinance (1787)Northwest Ordinance (1787)

– Missouri Compromise (1820)Missouri Compromise (1820)

– Compromise of 1850 (1850)Compromise of 1850 (1850)

– Kansas-Nebraska Act (1854)Kansas-Nebraska Act (1854)

Effect of Congressional ActsEffect of Congressional Acts

• Caused Regional arguments over…Caused Regional arguments over…

–Balance of Power in the SenateBalance of Power in the Senate

– Idea of Slaves as Property or PeopleIdea of Slaves as Property or People

–State vs. Federal jurisdictionState vs. Federal jurisdiction

Dred Scott v. Sandford (1857)Dred Scott v. Sandford (1857)• Slave from MO who Slave from MO who

sued owner on sued owner on grounds of spending grounds of spending some time in free some time in free territory (IL).territory (IL).

• Case lost in state and Case lost in state and federal court before it federal court before it was appealed in the was appealed in the Supreme Court. Supreme Court.

Chief Justice Taney’s DecisionChief Justice Taney’s Decision• African Americans are African Americans are

not citizens = Scott not citizens = Scott can’t sue in courtcan’t sue in court

• Govt. can’t exclude Govt. can’t exclude slavery from territories slavery from territories = slaves are property.= slaves are property.

• Due process clause Due process clause under 5under 5thth Amendment Amendment protects property protects property anywhere in country.anywhere in country.

Arguments for SecessionArguments for Secession

• No state gave up sovereignty in No state gave up sovereignty in ratifying Constitution = could willingly ratifying Constitution = could willingly leave the Union.leave the Union.

• Citizens have right of revolution if govt. Citizens have right of revolution if govt. violates their property rights = slaves!violates their property rights = slaves!

Arguments against SecessionArguments against Secession• Lincoln felt secession was not Lincoln felt secession was not

constitutional = Union was perpetual.constitutional = Union was perpetual.

• Southern states rights not violated = Southern states rights not violated = they seceded out of fear.they seceded out of fear.

• Secession was rebellion by individuals, Secession was rebellion by individuals, not states.not states.

Lincoln’s Unprecedented PowersLincoln’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.

What did the Civil War Resolve?What did the Civil War Resolve?• 1313thth Amendment abolished Amendment abolished

slavery.slavery.

• Ended idea of secessionEnded idea of secession

• 1414thth Amendment Amendment– Citizenship definedCitizenship defined– protection from state lawsprotection from state laws

• 1515thth = Universal male suffrage! = Universal male suffrage!

An Unfinished Revolution?An Unfinished Revolution?• Public support for black Public support for black

rights weakened.rights weakened.

• Amendments ineffectualAmendments ineffectual– South: Jim Crow laws & South: Jim Crow laws &

restrictions on voting.restrictions on voting.

• US govt. failed to US govt. failed to enforce Amendmentsenforce Amendments