How did the Civil War test
and transform the American
Constitutional system?
Lesson 17
Slave Laws
• The Constitution does not make slavery
illegal up until this point in history
• Slavery was ruled illegal in the Northwest
Ordinance Territories under the Articles of
Confederation
• Fugitive Slave Law: Requires states to
return escaped slaves to their owners.
• 3/5 Compromise: Allowed slave states to
count slaves towards their representation in
congress
Importation of Slaves
• Article 1, Section 9 : Prohibited Congress
from the importation of slaves in 1808.
• Thomas Jefferson and Congress would pass
the bill through that forbid the importation
after this date.
Addressing slavery
• The constitution did not specifically say what
the national government could due with
slavery within certain states.
• Abolitionists: Those who opposed slavery
• Abolitionists argued that the founders,
although not specifically, said that slavery
was meant to end.
New States
• The national government could still control if
territories would be slave or free.
• When the Louisiana Purchase occurred in
1803, the U.S. had an increasing amount of
land to deal with.
• The Missouri Compromise: Missouri would
be a slave state as long as areas north of the
Missouri border would remain free.
Mexican - American War
• After the war the U.S. had won half of
Mexico’s territory.
California
• California would become the first new state
from the recently conquered territory.
• Traditionally states had entered the union
with another state (1 Free, 1 Slave). This
was done to keep an equal balance in the
senate.
• California entered the Union as a free state,
without a complimenting slave state.
• A stronger fugitive slave law was all that got
the new state passed through.
Free Soil
• Free Soil was the
idea that slavery
would eventually
die out if all new
states were free
• Abe Lincoln was
a free soilist, he
was not an
abolitionist.
Kansas-Nebraska Act
• When becoming a state, it was now up to the
people to choose by popular vote if the state
would be free or slave.
• This made the Missouri Compromise
unconstitutional
Dred Scott
• The original Fugitive Slave Law was rarely
enforced.
• In the new Fugitive Slave Law of 1850,
anyone who did not return a slave faced
prosecution, thus requiring everyone to obey
it.
• Many northern states passed Personal
Liberty Laws, which voided the Fugitive
Slave Law.
• Scott was a slave
whose master moved
him to the free state of
Illinois and then
Wisconsin
• Scott’s master died
while he was in
Wisconsin, however,
the man who inherited
Scott moved him back
to Missouri.
• Scott sued for his
freedom
• Chief Justice during the trial was Roger
Taney, a former slave owner
• He came to the following conclusions
• Slaves were not citizens of the U.S.
• Slaves did not even have the right to sue
since they were property
• The national government can not exclude
slavery from territories
• 5th Amendment protect private property
• Shortly after Lincoln wins the election
southern states begin to secede: to leave the
union.
• The new Confederate States of America
consisted of 11 states, 9 million people, and
3.6 million slaves.
Southern Reasoning
• States were sovereign (free) and had the
ability to break away if need be.
• “A Second American Revolution,” southern
rights were taken away, they have a right to
rebel
• John Locke
Northern Reasoning
• Northern states were preserving the union in
a time of rebellion.
• The revolt needed to be put down.
New Confederate Constitution
• Was almost identical to the U.S. Constitution.
• Only some minor differences
• President only served one six year term
• Congress could not put tarrifs on states to
promote industry
• Congress could not use money for internal
improvements
• Protected slavery
Lincoln’s Actions
• Lincoln rose and expanded the militia when
Congress was not in session - Not allowed
• Lincoln took away the Writ of Habeas Corpus
• He ignored Judge Taney’s order to reissue it
• Emancipation Proclamation: Freed all slaves
in Southern states, but not in the border
states.
13th Amendment
• Abolished slavery in the United States and
any place under U.S. control
• Because slaves were now freed, southern
states passed Black Codes, which prevented
African-Americans from truly being free.
14th Amendment
• Any individual born in the U.S. is now a legal
U.S. citizen
• This made the Dred Scott decision void
• Provides equal due process of law for all
individuals now
• Incorporation: Applying national laws at
the state level.
15th Amendment
• Prohibited national and state governments
from preventing the right to vote based on
race, color, or status as former slaves.
Southern Opposition
• Amendments 13, 14, and 15 were heavily
opposed in the south
• They began passing new laws to try and
prevent African-Americans from voting
• Poll Tax: Required citizen to pay a tax in
order to vote
• Literacy tests: Required citizens to prove
they could read and write prior to voting.
Grandfather clauses
• Allowed people to vote only if their
Grandfather had been eligible to vote.