CW1.9 Defining Ideas in Context: States Rights (page 1 of 3) One of the most important concepts in this unit is the noun phrase, States Rights. Understanding how this term was used in the 1800s requires more than just learning the dictionary definition. It was a fundamental cause of tension between the North and the South. To get a sense of how this phrase was used and what it meant to both the Union and the Confederacy, and to understand how it relates to the question of freedom during the war, read the following short excerpts that describe related terms. Each of these excerpts follows a common practice in history texts- they define important terms within the text itself, using punctuation marks or phrases, like known as, or called... In the examples that follow, the authors have used commas to separate a term from its definition. Instructions: 1. Highlight or underline the definition for each noun. 2. Speculate (or guess) how that noun might be related to the phrase states rights. 3. Read the excerpt from the Lincoln-Douglas Debate, which summarizes much of the concept of states rights. 4. Finally, create your own definition of states rights. Concept #1: Federalism Just as the Constitution divides power among the three branches of the federal government, it also divides power between the states and the nation, a division known as federalism. (p. 155) Concept #2: Popular Sovereignty For decades, the major parties the Whigs and the Democrats had avoided the slavery issue, thus managing to win support in both the North and the South. In 1848, they hoped once again to attract voters from all sides of the slavery debate. Both Democrats and Whigs addressed the problem by embracing the idea of popular sovereignty, a policy stating that voters in a territory not Congress should decide whether or not to allow slavery there. This idea had wide appeal, since it seemed in keeping with the traditions of American democracy. (p. 326) Page 44
CW1.7 Defining Ideas in Context: States Rights (page 2 of 3) Concept #3: Secede (Verb) Calhoun did not believe that Clay s proposal gave the South enough protection. If the North would not submit to the South s demands, let the states agree to separate and part in peace. If you are unwilling that we should part in peace, tell us so, and we shall know what to do. In other words, if the North did not agree, the South would secede, or break away, from the Union. (p. 327) Note: The act of seceding is known as secession. Concept #4: Nullification (Noun) This episode convinced [John C. Calhoun] that the future of slavery, which he supported, required a stronger defense of states rights. Toward that end, he began to champion [argue for] the concept of nullification, which meant that states could nullify, or void, any federal law deemed [thought to be] unconstitutional. (p. 256) Source for Concept Excerpts: Emma J. Lapsansky-Werner, Peter B. Levy, Randy Roberts, and Alan Taylor, United States History (Boston: Holt, Pearson Education, 2008). Page 45
CW1.9 Defining Ideas in Context: States Rights (page 3 of 3) Stephen Douglas (in a speech during the Lincoln-Douglas Debate, 1858). " Defining States Rights Using your work above and the Douglas quote, define the phrase states rights and explain what it has to do with the division between North and South. Stephen A. Douglas, full-length portrait, facing front, 1860, Source: Library of Congress, http://www.loc.gov/pictures/item/2005696317/ I repeat that the principle is the right of each State, [and] each Territory, to decide this slavery question for itself, to have slavery or not, as it chooses, and it does not become Mr. Lincoln, or anybody else, to tell the people of Kentucky that they have no consciences, that they are living in a state of iniquity, [sin] and that they are cherishing an institution to their bosoms in violation of the law of God. Better for him to adopt the doctrine of judge not lest ye shall be judged. Page 46
CW1.9K Defining Ideas in Context: States Rights Key (p. 1 of 2) Concept #1: Federalism Just as the Constitution divides power among the three branches of the federal government, it also divides power between the states and the nation, a division known as federalism. (p. 155) Answers will vary, but the fundamental idea is that states rights means more power for the states and less for the nation. Concept #2: Popular Sovereignty For decades, the major parties the Whigs and the Democrats had avoided the slavery issue, thus managing to win support in both the North and the South. In 1848, they hoped once again to attract voters from all sides of the slavery debate. Both Democrats and Whigs addressed the problem by embracing the idea of popular sovereignty, a policy stating that voters in a territory not Congress should decide whether or not to allow slavery there. This idea had wide appeal, since it seemed in keeping with the traditions of American democracy. (p. 326) Answers will vary, but the main idea is that the voters in a territory would become voters in a state, and they would have more power than Congress did over the issue of slavery. Concept #3: Secede Calhoun did not believe that Clay s proposal gave the South enough protection. If the North would not submit to the South s demands, let the states agree to separate and part in peace. If you are unwilling that we should part in peace, tell us so, and we shall know what to do. In other words, if the North did not agree, the South would secede, or break away, from the Union. (p. 327) Answers will vary. The main idea is that the Southern states would secede to protect their rights. Secession is the ultimate form of states rights. Concept #4: Nullification This episode convinced [John C. Calhoun] that the future of slavery, which he supported, required a stronger defense of states rights. Toward that end, he began to champion the concept of nullification, which meant that states could nullify, or void, any federal law deemed [judged to be] unconstitutional. (p. 256) The states would have the right to nullify any federal law that they decided was unconstitutional. They would not have to obey the federal government if they did not want to. Page 47
CW1.9K Defining Ideas in Context: States Rights Key (p. 2 of 2) Stephen Douglas (Lincoln-Douglas Debate, 1858) Defining States Rights Using your work above and the Douglas quote, define the phrase states rights and explain what it has to do with the division between North and South. States Rights means that in the constitutional division of powers between the states and the federal government, the states should have the most authority. Those who believed in states rights did not believe that the federal government should tell the states that they couldn t have slavery. According to the idea of states rights, each state should have the right to decide about slavery itself. Many people in the South argued for states rights and many in the North argued against the idea. Page 48
CW1.10 Chronology of States Rights Timeline (Part 1) The 10 th Amendment If the Constitution does not give a power directly to the Federal Government, the power goes to the states. 1791 Alien & Sedition Acts The Alien act (law) made it more difficult for immigrants to live in the U.S. The Sedition Act (law) made it a crime for anyone to write or say anything bad or false about the President, Congress, or the government. 1798 The Missouri Compromise Missouri entered the Union as a slave state & Maine entered the Union as a free state. Slavery was prohibited in any new territories or states formed north of the 36 30 latitude line. 1820 The Tariff of 1832 Congress passed a tariff (tax on imported goods) on iron, textiles, and other manufactured goods that hurt the Southern economy. The Virginia and Kentucky Resolutions These resolutions stated that the Alien and Sedition Acts (laws) were unconstitutional, so Virginia and Kentucky were not going to follow those laws. 1799 The Hartford Convention (During the War of 1812) The British Blockade along East Coast hurt the New England trading industry. A group of Federalist representatives in Hartford, Connecticut, suggested that the New England states should secede from the Union. 1814 Nullification Crisis South Carolina called a state convention to nullify the tariff. They warned the federal government not to use force to collect the taxes, or they would secede from the Union. Many Southern leaders feared that if the federal government could pass and enforce this tariff, then they could eventually try to end slavery. 1832 Page 49
CW1.10 Chronology of States Rights Timeline (Part 2) The Compromise of 1850 California joined the Union as a free state. Slavery in all other territories from the Mexican Cession would be decided by Popular Sovereignty. 1850 Dred Scott vs. Sanford Case The Supreme Court ruled that African Americans, whether free or slave, were not considered citizens, and that the Missouri Compromise was unconstitutional. Even if slaves were moved to a free state, they would still be slaves. 1857 Abraham Lincoln Elected He and his party, the Republicans, were against the extension of slavery to new states, but did not say that slavery should be abolished in the South. 1860 Answer these questions in complete sentences. 1. In the 10 th Amendment, how is the power in the United States divided? 2. Which events caused states to threaten to secede from the union? 1840 1840 1850 1860 3. After 1850, what was the biggest states rights issue [political problem or question]? The Kansas-Nebraska Act The issue of slavery would be decided by Popular Sovereignty in the Kansas and Nebraska Territories. 1854 Secession Fearing that Lincoln s government would abolish slavery, South Carolina was the first state to secede from the Union. 1860 4. What freedom do states rights and secession offer? Constitution Key Act of Congress (Federal government) Act of state governments Page 50
CW1.10K-Chronology of States Rights Timeline Key Answer these questions in complete sentences. 1. In the 10 th Amendment, how is the power in the United States divided? Unless a power is given to the federal government by the constitution, that power belongs to the states. 2. Which events caused states to threaten to secede from the union? The events that caused states to threaten to secede were the British blockade, the Tariff of 1832, and the election of Lincoln. 3. After 1850, what was the biggest states rights issue [political problem or question]? The biggest states rights issue was whether new states admitted to the union would be free or slave states. 4. What freedom do states rights and secession offer? States rights and secession offer states the freedom to decide their own policies if they don t agree with the federal government s acts. Page 51