Sovereignty and the Civil War

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Divided Sovereignty

Early views
- Divine right of kings--sovereignty with the monarch
- Locke--consent of governed--sovereignty with people
Constitution
- Divided sovereignty within the national government
  - Checks and balances among legislative, executive, and judicial branches
Between levels of government
- Federal, state, and local
- Tenth Amendment--whatever powers not given to federal or prohibited to states can be exercised by the states

Slavery

Origins
- Labor shortages
The Constitutional debate
- Slavery expected to die out
- Prohibition on importation after 1808
The cotton gin
- Made cotton a profitable crop
- Required additional labor to harvest
Justification for slavery by slave owners
- Racial differences
- Religion
- Making the best of a bad situation
Attempts to Compromise
- Issue was slavery in Western Territories
Compromise of 1850
- California free
- Texas slave
- New Mexico and Utah to decide
Failure of Compromise
- Constitution no help--not geared to deal with sectionalism
Supreme court no help
- Dred Scot case (1857)
- Lived in free territories
- Issues
  - Was he a citizen?
  - Did living in a free area make him free?
- Decision
  - Not a citizen
  - Congress couldn't bar slavery in territories
Political process no help
- Kansas--conflicting votes and resulting violence
- Sectionalism become stronger

Civil War

Lincoln elected (1860)--received a minority of the vote
Succession
- South Carolina 1st
- Six others follow
- Four more after war starts
- Four slave states remain with Union
Advantages in fighting the war
- North
  - Greater resources--population and commerce
- South
  - Fought on its own soil
  - Motivation--fighting to retain way of life
Gruesome Conflict
- Deaths
  - Revolutionary War 4,400
  - War of 1812 2,300
  - Civil War 560,000
  - WWI 116,000
  - WWII 407,000
  - Korean 39,400
  - Vietnam 58,000

Emancipation Proclimation

Lincoln’s proposed solution
- Provide economic assistance to states which free slaves
- Colonize slaves in Central America
Proclamation (1863)
- Slaves freed in areas in rebellion
- Not freed in states under union control

Consequences of a Civil War

A “civil” ending--only one person jailed
13th Amendment--slavery abolished
14th Amendment
- Bill of Rights applies to the states
- Equal protection under law
15th Amendment--voting and race
Federal government supreme--no right to succession

Copyright 2008, by the Contributing Authors. Cite/attribute Resource. factadmin. (2007, October 25). Sovereignty and the Civil War. Retrieved November 23, 2009, from Free Online Course Materials — USU OpenCourseWare Web site: http://ocw.usu.edu/university-studies/u-s-institutions/sovereignty-and-the-civil-war. This work is licensed under a Creative Commons License.

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	Info Sovereignty and the Civil War Document Actions Divided Sovereignty Early views Divine right of kings--sovereignty with the monarch Locke--consent of governed--sovereignty with people Constitution Divided sovereignty within the national government Checks and balances among legislative, executive, and judicial branches Between levels of government Federal, state, and local Tenth Amendment--whatever powers not given to federal or prohibited to states can be exercised by the states Slavery Origins Labor shortages The Constitutional debate Slavery expected to die out Prohibition on importation after 1808 The cotton gin Made cotton a profitable crop Required additional labor to harvest Justification for slavery by slave owners Racial differences Religion Making the best of a bad situation Attempts to Compromise Issue was slavery in Western Territories Compromise of 1850 California free Texas slave New Mexico and Utah to decide Failure of Compromise Constitution no help--not geared to deal with sectionalism Supreme court no help Dred Scot case (1857) Lived in free territories Issues Was he a citizen? Did living in a free area make him free? Decision Not a citizen Congress couldn't bar slavery in territories Political process no help Kansas--conflicting votes and resulting violence Sectionalism become stronger Civil War Lincoln elected (1860)--received a minority of the vote Succession South Carolina 1st Six others follow Four more after war starts Four slave states remain with Union Advantages in fighting the war North Greater resources--population and commerce South Fought on its own soil Motivation--fighting to retain way of life Gruesome Conflict Deaths Revolutionary War 4,400 War of 1812 2,300 Civil War 560,000 WWI 116,000 WWII 407,000 Korean 39,400 Vietnam 58,000 Emancipation Proclimation Lincoln’s proposed solution Provide economic assistance to states which free slaves Colonize slaves in Central America Proclamation (1863) Slaves freed in areas in rebellion Not freed in states under union control Consequences of a Civil War A “civil” ending--only one person jailed 13th Amendment--slavery abolished 14th Amendment Bill of Rights applies to the states Equal protection under law 15th Amendment--voting and race Federal government supreme--no right to succession Copyright 2008, by the Contributing Authors. Cite/attribute Resource. factadmin. (2007, October 25). Sovereignty and the Civil War. Retrieved November 23, 2009, from Free Online Course Materials — USU OpenCourseWare Web site: http://ocw.usu.edu/university-studies/u-s-institutions/sovereignty-and-the-civil-war. This work is licensed under a Creative Commons License.	Reuse Course Download this course

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