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
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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