Declaration of Independence 1776 Purpose Statement Does not directly deal with states Rights but the final paragraph refers to the United States of America Free and Independent States U.S. Constitution 1787, -88, -89 vague but a reference occurs in the 10 th amendment The purpose of the 10th Amendment is to define the establishment and division of power between the Federal government and state governments. This amendment also protects these powers from both entities. This amendment was used to define the federal taxing power, federal police power, and federal regulations. The Pre-Amble refers to the United States of America Declaration of Independence & U.S. Constitution United States Or States United Debated for Decades Marshall Court John Marshall (Federalists) Federalists Chief Justice members sitting on the S.C. The Federal government was supreme in war, peace, trade, foreign affairs over states governments Everything else was left up to the states Abolitionists were the minority Declaration of Independence Original draft Condemned but it was removed All men are created equal Anti-slavery sentiment??? Define Men U.S. Constitution The US Constitution in its original creation does not condem slavery Recognizes it as a part of American Society 1808 (20 yr. Moratorium)-- International Trade Art. 1 sec. 9 "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." Marshall Court Slavery is a local issue (Federalism) **Constitutionally argued that the federal government can only regulate in territories. (Dred Scott Decision) **Who and to what extent did they apply?!?! Declaration of Independence One of the world most important proclamations of individual rights Life, Liberty, and the pursuit of happiness **UNALIENABLE: unable to be taken away from or given away by the possessor. U.S. Constitution Original constitution did not include a bill of rights Ratified 1791 Do the original framers support or not? Marshall Court The bill of rights restricted the actions of the Federal government but it does not apply to the states originally Its a federal constitution Barron v. Baltimore (1833) helped define the concept of Federalism the U.S. Supreme Court ruled that the 5 th Amendment to the U.S. Constitution bound only the federal government and was thus inapplicable to actions taken by state and local governments. Reversed later by the passage of the 14 th amendment (1868): citizen ship to former slaves By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment. Declaration of Independence All men are created equal Debate about Men U.S. Constitution Equality does not appear in the Constitution until the passage of the 14 th amendment ( July 9, 1868) 14 th Amendment: Citizenship Clause: granted citizenship to all persons born or naturalized in the United States, which included former slaves recently freed. Due Process Clause: Forbids states from denying any person "life, liberty or property, without due process of law" Equal Protections Clause: "deny to any person within its jurisdiction the equal protection of the laws. Marshall Court Never deals with this issue Focuses on economics How does this show context of the time? Compromise Generation vs. Transcendental Generation Calhoun vs. Lincoln Southern View John C. Calhoun: South Carolina Leader of the War Hawks Served in House, Senate, VP, Secretary of War & State Ran for P.O.T.U.S Northern View Abraham Lincoln Founding member of the modern republican party President ( ) Great Emancipator States Rights Calhoun States have power of Nullification (any federal law) The 13 states voluntarily joined an organization THEREFORE they have the right to leave Argument for Succession Lincoln Believed that the Union is perpetual (cant be divided) Secession is NOT possible The U.S. is one nation untied by the Declaration and Constitution Slavery Calhoun A Positive Good Right to own slaves is protected by the constitution BECAUSE WHY? Lincoln Immoral and Unjust Violates Fundamental Principles of Freedom and Equality in the Declaration BECAUSE WHY? Individual Rights Calhoun Rights are a reward to be earned and not a blessing granted to all people. Liberty should be reserved for the intelligent, the patriotic, the virtuous, and the deserving Lincoln Declaration grants rights to all people and establishes fundamental principles of civil liberty. Equality Calhoun Declaration does not contain a word of Truth All people are NOT created equal. Lincoln Declaration states that all people are equal in rights. Dred Scott Decision The Court ruled that Scott's "sojourn" of two years to Illinois and the Northwest Territory did not make him free once he returned to Missouri. The Court further ruled that as a black man Scott was excluded from United States citizenship and could not, therefore, bring suit. According to the opinion of the Court, African-Americans had not been part of the "SOVEREIGN PEOPLE" who made the Constitution. The Court also ruled that Congress never had the right to prohibit slavery in any territory. Any ban on slavery was a violation of the Fifth Amendment, which prohibited denying property rights without due process of law. The Missouri Compromise was therefore unconstitutional.