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Right to Secede Right to Secede

Right to Secede - PowerPoint Presentation

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Right to Secede - PPT Presentation

Was the South Right Jefferson Davis Jefferson Davis President of the Confederate States of America was one of the ablest spokesmen for the right of states to secede from the United States Davis Defense ID: 601334

constitution states united state states constitution state united union secession article clause confederation declaration free section law slavery articles

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Slide1

Right to Secede

Was the South Right?Slide2

Jefferson Davis

Jefferson Davis, President of the Confederate States of America, was one of the ablest spokesmen for the right of states to secede from the United StatesSlide3

Davis’ Defense

In

The Rise and Fall of the Confederate Government

and in

A Short History of the Confederate States of America,

President Davis makes his defense of the South and the right to secede.Slide4

Jefferson Davis’ Defense of Secession

In both the Articles of Confederation and the 10

th

Amendment, the states preserved the right to leave the Union voluntarily.

While secession was constitutional, Lincoln’s declaration of war without Congressional approval was unconstitutional.Slide5

Resisting Federal Tyranny

Confederates believed that their situation was similar to the states under the Articles of Confederation – coming together for a second War of Independence

. They cited acts of tyranny of the Federal Government against the South, much as the Declaration of Independence does against King George III.Slide6

“We the People”

Davis believed that sovereignty (the authority to rule) rested in the people, as the Constitution begins, “We the People . . . , “ rather than in the Congress or in the Presidency.Slide7

Other Arguments

Furthermore, Davis argues that the Declaration of Independence interprets the Constitution when it says, “these colonies, are, and of right ought to be,

free and independent states.”

If the states are “free and independent,” they may leave the Union.Slide8

US Constitution: 10th

Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

.”

The Federal Government has

enumerated powers.

The powers which are not enumerated are

reserved

to the states.Slide9

State Constitutions

In their state constitutions, New York, Virginia, and Rhode Island specifically claimed the right to secede.

All three of these states ratified the constitution. At the time of Constitutional ratification, their secession clauses were understood not to be in conflict with ratifying the US Constitution. Slide10

Slavery

Slavery was constitutionally protected by the “three-fifths clause” and the Dred Scott decision.

Because of this, slavery must be protected in all of the states and territories. Whatever one may believe about the morality of slavery, the “law of the land” protects the institution of slavery and the property rights of

slavholders

.Slide11

President Lincoln: Arguments against Secession

President Lincoln made many arguments against the legality of secession. Slide12

Tenth Amendment

According to President Lincoln, the power of secession could not be reserved to the states, because the Constitution could not be understood to have a provision within it for the destruction of the Union.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”Slide13

US Constitution, Article IV, Section 4

Lincoln argues from this clause that the United States has an obligation to guarantee

all of the states

a republican form of government, even those had seceded, and that this clause is binding, even if it must be enforced through military action.

“The

United States shall guarantee to every state in this union a republican form of

government . . . “Slide14

“Continuance of Union”

Perhaps Lincoln’s most persuasive argument is the “continuance of Union” argument.

This argument goes as follows:

Under the Declaration of Independence, the states “are, and of right ought to be, free and independent states.”

This declaration makes them free from Great Britain, but they are “united states,” and therefore, not free and independent from each other.Slide15

“Continuance of Union”

The Articles of Confederation established a perpetual quality to the Union.

The word “perpetual” can be found in the Articles of Confederation five times, and one time in the introductory words.Slide16

“Continuance of Union”

The Constitution begins, “We the people of the United States,

in order to form a more perfect union

. . . “

If the Articles of Confederation established a perpetual union, then, certainly, a “more perfect union” would also be a union in perpetuity.Slide17

Supremacy Clause

Article VI, Section 2 of the US

Constitution reads: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding

.”Slide18

Relevance of Supremacy Clause

For Anti-Secessionists, the fact that state constitutions had secession clauses in them is irrelevant. The Supremacy Clause establishes that where there is a conflict between state law and the Constitution, that the Constitution prevails.

In fact, the states gave up their sovereignty when they accepted the Supremacy Clause in ratifying the Constitution.Slide19

Argument from Article I

Article X, Section 1 makes it explicit that states give up the powers which belong to sovereign nations in ratifying the Constitution:

No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.Slide20

Article I, Section 10

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.Slide21

Article I, Section 10

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.Slide22

Conclusion

Hmm. . . This is going to be more difficult than I thought . . .

Wednesday/Thursday: Class prep for debate

Monday/Tuesday

: Debate