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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 January 08, 2011, from Free Online Course Materials — USU OpenCourseWare Web site: http://ocw.usu.edu/university-studies/u-s-institutions/sovereignty-and-the-civil-war.html. This work is licensed under a Creative Commons License Creative Commons License