Podcast
Questions and Answers
What is a central theme of the lecture?
What is a central theme of the lecture?
- The amendments to the Constitution.
- The relationship between slavery and the Constitution. (correct)
- The foreign policy implications of the Constitution.
- The economic impact of the Constitution.
What was the general stance of the federal courts on slavery?
What was the general stance of the federal courts on slavery?
- Neutral on the issue.
- Actively involved in freeing slaves.
- Strongly abolitionist.
- Generally pro-slavery or anti-abolitionist. (correct)
What is the Dred Scott case considered to be?
What is the Dred Scott case considered to be?
- A neutral Supreme Court decision.
- One of the worst Supreme Court decisions in U.S. history. (correct)
- A landmark case for civil rights.
- An example of successful constitutional theory.
What reading of the Constitution was popular among people on the federal courts?
What reading of the Constitution was popular among people on the federal courts?
What perspective did the Supreme Court generally hold regarding abolitionist arguments?
What perspective did the Supreme Court generally hold regarding abolitionist arguments?
Which case is mentioned as a key example of pro-slavery constitutionalism?
Which case is mentioned as a key example of pro-slavery constitutionalism?
What is one way modern constitutional theory is built up around the Dred Scott decision?
What is one way modern constitutional theory is built up around the Dred Scott decision?
What will the lecture discuss regarding the Constitution?
What will the lecture discuss regarding the Constitution?
What did anti-slavery activists in the 1830s begin to argue for?
What did anti-slavery activists in the 1830s begin to argue for?
Why did some southern intellectuals argue that slavery was a 'positive good'?
Why did some southern intellectuals argue that slavery was a 'positive good'?
What is the name of the concept where one argues that the words and intent of the framers of the Constitution should constrain modern interpretations?
What is the name of the concept where one argues that the words and intent of the framers of the Constitution should constrain modern interpretations?
Before the 1830s, what was the general approach to anti-slavery?
Before the 1830s, what was the general approach to anti-slavery?
Who was a prominent figure who argued that slavery was a 'positive good'?
Who was a prominent figure who argued that slavery was a 'positive good'?
What did some people in the revolutionary generation, like Thomas Jefferson, consider slavery to be?
What did some people in the revolutionary generation, like Thomas Jefferson, consider slavery to be?
According to those who argued slavery was a 'positive good', what benefit did it provide to society?
According to those who argued slavery was a 'positive good', what benefit did it provide to society?
What was William Lloyd Garrison known for?
What was William Lloyd Garrison known for?
What was one reason that some argued against ending slavery immediately?
What was one reason that some argued against ending slavery immediately?
In what decade did anti-slavery activists begin to advocate for immediate emancipation?
In what decade did anti-slavery activists begin to advocate for immediate emancipation?
What historical concept involves interpreting the Constitution based on the intentions of its framers?
What historical concept involves interpreting the Constitution based on the intentions of its framers?
What type of labor did Calhoun argue was needed to main social stability?
What type of labor did Calhoun argue was needed to main social stability?
What revolution was NOT mentioned in the text?
What revolution was NOT mentioned in the text?
What is emancipation?
What is emancipation?
What is another term for 'enslavers?'
What is another term for 'enslavers?'
What did the 'federal consensus' generally state?
What did the 'federal consensus' generally state?
When did James Madison's notes from the Constitutional Convention become available to the public?
When did James Madison's notes from the Constitutional Convention become available to the public?
Prior to the Civil War, what was the prevailing view regarding Congress's power to end slavery in individual states?
Prior to the Civil War, what was the prevailing view regarding Congress's power to end slavery in individual states?
Who is credited with coining the term 'federal consensus'?
Who is credited with coining the term 'federal consensus'?
What did some abolitionists, like William Lloyd Garrison, believe about the Constitution?
What did some abolitionists, like William Lloyd Garrison, believe about the Constitution?
Around what time did a 'working rule' or 'federal consensus' develop regarding the federal government's power over slavery?
Around what time did a 'working rule' or 'federal consensus' develop regarding the federal government's power over slavery?
Before his death, what did James Madison stipulate in his will regarding his papers?
Before his death, what did James Madison stipulate in his will regarding his papers?
What is considered the best source of notes from the Constitutional Convention?
What is considered the best source of notes from the Constitutional Convention?
What was one of the arguments made using Madison's notes from the Constitutional Convention after they were published?
What was one of the arguments made using Madison's notes from the Constitutional Convention after they were published?
What is the approximate timeframe between the American Revolution and the Civil War?
What is the approximate timeframe between the American Revolution and the Civil War?
What did the federal consensus imply about emancipation?
What did the federal consensus imply about emancipation?
Which of the following people thought that the Constitution was fundamentally anti-slavery?
Which of the following people thought that the Constitution was fundamentally anti-slavery?
What did Wendell Phillips write using quotes from Madison's notes?
What did Wendell Phillips write using quotes from Madison's notes?
Which of the following is true of Madison's notes on the constitutional convention?
Which of the following is true of Madison's notes on the constitutional convention?
When did James Madison die?
When did James Madison die?
What agricultural product drove the expansion of slavery in the early to mid-1800s?
What agricultural product drove the expansion of slavery in the early to mid-1800s?
What invention significantly increased cotton production in the United States?
What invention significantly increased cotton production in the United States?
From which country did the United States acquire the Louisiana Purchase?
From which country did the United States acquire the Louisiana Purchase?
Which of the following states was NOT mentioned as a destination for enslaved people being forcibly moved?
Which of the following states was NOT mentioned as a destination for enslaved people being forcibly moved?
Which river did slaveholders settle near when migrating to Missouri?
Which river did slaveholders settle near when migrating to Missouri?
Which of the following issues raised a political question about whether slavery should expand?
Which of the following issues raised a political question about whether slavery should expand?
In which year did Missouri make its bid for statehood, leading to significant controversy?
In which year did Missouri make its bid for statehood, leading to significant controversy?
Which event ended in 1815 and preceded a wave of new states entering the Union?
Which event ended in 1815 and preceded a wave of new states entering the Union?
Which of the following states was NOT mentioned as being formed out of the Louisiana Purchase?
Which of the following states was NOT mentioned as being formed out of the Louisiana Purchase?
Which direction did American settlers largely migrate during the early to mid-1800s?
Which direction did American settlers largely migrate during the early to mid-1800s?
Prior to the expansion of cotton production, from where were enslaved labor forces primarily uprooted?
Prior to the expansion of cotton production, from where were enslaved labor forces primarily uprooted?
What was the primary reason for the surge in demand for cotton in the early 1800s?
What was the primary reason for the surge in demand for cotton in the early 1800s?
Where was the European settlement in the Louisiana Purchase primarily concentrated?
Where was the European settlement in the Louisiana Purchase primarily concentrated?
What river is formed by the Missouri River's drainage?
What river is formed by the Missouri River's drainage?
What did Congress do regarding laws prohibiting slavery within the federal territories during the early 1800s?
What did Congress do regarding laws prohibiting slavery within the federal territories during the early 1800s?
The area south of which river was generally open to slavery?
The area south of which river was generally open to slavery?
In 1819, what was the ratio of slave states to free states in the United States?
In 1819, what was the ratio of slave states to free states in the United States?
Which state's admission to the Union raised concerns due to its location north of the Ohio River?
Which state's admission to the Union raised concerns due to its location north of the Ohio River?
What policy was proposed for Missouri regarding slavery before it was admitted to the Union?
What policy was proposed for Missouri regarding slavery before it was admitted to the Union?
In what year was the Missouri Compromise reached?
In what year was the Missouri Compromise reached?
What was the main provision of the Missouri Compromise regarding the expansion of slavery?
What was the main provision of the Missouri Compromise regarding the expansion of slavery?
What geographical line was established by the Missouri Compromise to delineate between future free and slave states?
What geographical line was established by the Missouri Compromise to delineate between future free and slave states?
What was one of the primary goals of maintaining an equal number of slave and free states?
What was one of the primary goals of maintaining an equal number of slave and free states?
Which event led to the breakdown of the Missouri Compromise?
Which event led to the breakdown of the Missouri Compromise?
Which future state's admission as a free state threatened the balance between free and slave states?
Which future state's admission as a free state threatened the balance between free and slave states?
What did the South fear regarding votes in the House of Representatives?
What did the South fear regarding votes in the House of Representatives?
Which cabinet member later argued that the Missouri Compromise was unconstitutional?
Which cabinet member later argued that the Missouri Compromise was unconstitutional?
What term describes the land acquired by the United States after the war with Mexico?
What term describes the land acquired by the United States after the war with Mexico?
Why was balance maintained in the Senate between slave and free states?
Why was balance maintained in the Senate between slave and free states?
The Missouri Compromise aimed to address the issue of slavery in which specific areas?
The Missouri Compromise aimed to address the issue of slavery in which specific areas?
What did the Mississippi Constitution prevent regarding enslaved people?
What did the Mississippi Constitution prevent regarding enslaved people?
Why did the Supreme Court rule that Mississippi's constitutional provision was not in effect?
Why did the Supreme Court rule that Mississippi's constitutional provision was not in effect?
According to John McClane, what does the commerce power regulate?
According to John McClane, what does the commerce power regulate?
What was James Baldwin's view on slavery?
What was James Baldwin's view on slavery?
What was Roger Taney's argument regarding states and slavery?
What was Roger Taney's argument regarding states and slavery?
What did the Supreme Court Justices agree on, resulting in a federal consensus?
What did the Supreme Court Justices agree on, resulting in a federal consensus?
What allows the federal government to intervene on the question of slavery, according to the Constitution?
What allows the federal government to intervene on the question of slavery, according to the Constitution?
What was the purpose of the personal liberty laws challenged in PRG v Pennsylvania?
What was the purpose of the personal liberty laws challenged in PRG v Pennsylvania?
Who captured Margaret and her children in Pennsylvania?
Who captured Margaret and her children in Pennsylvania?
Where did Edward Sprague take Margaret and her children after capturing them?
Where did Edward Sprague take Margaret and her children after capturing them?
In Groves v. Slaughter, what did Roger Taney argue that states have control over?
In Groves v. Slaughter, what did Roger Taney argue that states have control over?
What term was used to describe John McClain's constitutionalism?
What term was used to describe John McClain's constitutionalism?
What year was Groves v. Slaughter caught?
What year was Groves v. Slaughter caught?
What state was John McLane a judge from?
What state was John McLane a judge from?
Who wrote a very pro-slavery opinion?
Who wrote a very pro-slavery opinion?
What is the term for allowing residents of territories to decide on the issue of slavery?
What is the term for allowing residents of territories to decide on the issue of slavery?
What was a common political issue regarding territories after the Mexican War?
What was a common political issue regarding territories after the Mexican War?
What political benefit did popular sovereignty offer to politicians in Congress?
What political benefit did popular sovereignty offer to politicians in Congress?
According to the content, what is a potential problem with majoritarian governments?
According to the content, what is a potential problem with majoritarian governments?
What is the central issue in the debate around gun control?
What is the central issue in the debate around gun control?
What legal developments are expected to occur after the American Civil War regarding individual rights?
What legal developments are expected to occur after the American Civil War regarding individual rights?
What complicated the slavery issue?
What complicated the slavery issue?
What was the focus of the slavery issue regarding expansion?
What was the focus of the slavery issue regarding expansion?
What constitutional provision was related to fugitive slaves?
What constitutional provision was related to fugitive slaves?
What was the purpose of the Fugitive Slave Law of 1793?
What was the purpose of the Fugitive Slave Law of 1793?
How did states react to the Fugitive Slave Law of 1793?
How did states react to the Fugitive Slave Law of 1793?
What did personal liberty laws often require for the apprehension of alleged fugitives?
What did personal liberty laws often require for the apprehension of alleged fugitives?
What was the subject of the 1841 Supreme Court case Groves v. Slaughter?
What was the subject of the 1841 Supreme Court case Groves v. Slaughter?
Who was allowed to vote on the slavery issue with popular sovereignty?
Who was allowed to vote on the slavery issue with popular sovereignty?
What was the Fugitive Slave Law of 1793?
What was the Fugitive Slave Law of 1793?
What general legal principle was the Fugitive Slave Law considered an exception to?
What general legal principle was the Fugitive Slave Law considered an exception to?
What was the name of the legal concept concerning enslaved people who willingly returned to a slave territory with their master after living in a free territory?
What was the name of the legal concept concerning enslaved people who willingly returned to a slave territory with their master after living in a free territory?
According to English courts, what happened to the status of an enslaved person who willingly accompanied their master back into a territory that recognized slavery?
According to English courts, what happened to the status of an enslaved person who willingly accompanied their master back into a territory that recognized slavery?
According to the content, which states had a notably developed rule concerning enslaved people gaining freedom claims by domicile in free territories?
According to the content, which states had a notably developed rule concerning enslaved people gaining freedom claims by domicile in free territories?
What action, when taken in free territory by someone with enslaved people, was said to create a freedom claim in Kentucky and Louisiana?
What action, when taken in free territory by someone with enslaved people, was said to create a freedom claim in Kentucky and Louisiana?
Which of these states had a rule that any introduction of slavery into free territory created a freedom claim?
Which of these states had a rule that any introduction of slavery into free territory created a freedom claim?
According to the content, what was the exception in Missouri that would prevent enslaved people from gaining a freedom claim when traveling through a free state?
According to the content, what was the exception in Missouri that would prevent enslaved people from gaining a freedom claim when traveling through a free state?
What constitutes a 'necessary delay' when traveling through a free state with slaves, according to the discussed content?
What constitutes a 'necessary delay' when traveling through a free state with slaves, according to the discussed content?
According to the content, what was the name of the first case in a string of cases that led to the Dred Scott case?
According to the content, what was the name of the first case in a string of cases that led to the Dred Scott case?
Which case brought in 1852 ended the line of cases starting with Winny v. Whitesides?
Which case brought in 1852 ended the line of cases starting with Winny v. Whitesides?
Who purchased Dred Scott?
Who purchased Dred Scott?
Where did Dred Scott and his wife get married, according to the content?
Where did Dred Scott and his wife get married, according to the content?
In the state of Missouri a slave owner could be saved being charged with introducing slavery in a free state if what condition was met?
In the state of Missouri a slave owner could be saved being charged with introducing slavery in a free state if what condition was met?
What was a criteria in Missouri, for enslaved people traveling in a free state, to be considered 'in transit'?
What was a criteria in Missouri, for enslaved people traveling in a free state, to be considered 'in transit'?
What location is now present day Minnesota, but was covered by the Missouri Compromise legislation?
What location is now present day Minnesota, but was covered by the Missouri Compromise legislation?
Who wrote the majority opinion in the case?
Who wrote the majority opinion in the case?
What was Joseph Story's argument regarding state laws and fugitive slaves?
What was Joseph Story's argument regarding state laws and fugitive slaves?
Which of the following concepts is related to modern sanctuary city legislation?
Which of the following concepts is related to modern sanctuary city legislation?
What did Justice Taney argue regarding state's power and fugitive slaves?
What did Justice Taney argue regarding state's power and fugitive slaves?
What concept did Taney argue for?
What concept did Taney argue for?
What type of case is Dred Scott?
What type of case is Dred Scott?
What is the central issue in a slave transit case?
What is the central issue in a slave transit case?
What legal principle is associated with the Somerset case?
What legal principle is associated with the Somerset case?
What happens to an enslaved person taken to free territory according to the Somerset decision?
What happens to an enslaved person taken to free territory according to the Somerset decision?
In territories that did not allow slavery, what generally became the rule regarding enslaved people brought into those territories?
In territories that did not allow slavery, what generally became the rule regarding enslaved people brought into those territories?
Which judges sided with Story?
Which judges sided with Story?
What did Story's opinion contain?
What did Story's opinion contain?
Who was trying to get a majority over the course of the 1840s?
Who was trying to get a majority over the course of the 1840s?
What does the Trump administration argue in regards to sanctuary cities?
What does the Trump administration argue in regards to sanctuary cities?
What kind of opinion does story get?
What kind of opinion does story get?
Who was Dred Scott's wife?
Who was Dred Scott's wife?
What did the Missouri Supreme Court decide regarding freedom suits?
What did the Missouri Supreme Court decide regarding freedom suits?
What concept was Chief Justice Taney trying to establish within the Supreme Court during the 1840s?
What concept was Chief Justice Taney trying to establish within the Supreme Court during the 1840s?
Which Justice was most consistently aligned with Taney's pro-states' rights views on the Supreme Court?
Which Justice was most consistently aligned with Taney's pro-states' rights views on the Supreme Court?
In what year did Chief Justice Taney concede defeat in establishing his view on state's rights in certain cases?
In what year did Chief Justice Taney concede defeat in establishing his view on state's rights in certain cases?
What was the central issue in the Strader v. Graham case?
What was the central issue in the Strader v. Graham case?
What was Kentucky's argument regarding the enslaved musicians in the Strader v. Graham case?
What was Kentucky's argument regarding the enslaved musicians in the Strader v. Graham case?
What did Chief Justice Taney assert in the Strader v. Graham ruling regarding state authority?
What did Chief Justice Taney assert in the Strader v. Graham ruling regarding state authority?
According to the lecture, which issue did the Constitution specifically address regarding state authority in the 1840s?
According to the lecture, which issue did the Constitution specifically address regarding state authority in the 1840s?
In addition to fugitive slaves, what other area was identified as one where states did not have full control due to the Constitution?
In addition to fugitive slaves, what other area was identified as one where states did not have full control due to the Constitution?
What was Taney doing as he defended slavery through court decisions?
What was Taney doing as he defended slavery through court decisions?
Besides cases involving slavery, what other type of cases were becoming important?
Besides cases involving slavery, what other type of cases were becoming important?
What was the outcome of Dred Scott's case in the Missouri Supreme Court after his initial suit?
What was the outcome of Dred Scott's case in the Missouri Supreme Court after his initial suit?
In the context of the lecture, what is meant by the phrase 'a dark and foul spirit has spread across the land'?
In the context of the lecture, what is meant by the phrase 'a dark and foul spirit has spread across the land'?
Prior to Strader v. Graham, what was unique about Taney's stance in Supreme Court slavery cases?
Prior to Strader v. Graham, what was unique about Taney's stance in Supreme Court slavery cases?
What legal capability do corporations possess as 'artificial persons'?
What legal capability do corporations possess as 'artificial persons'?
How did the Marshall Court initially determine the citizenship of a corporation for jurisdictional purposes?
How did the Marshall Court initially determine the citizenship of a corporation for jurisdictional purposes?
In the early 1840s, how did the Supreme Court simplify the process of determining a corporation's citizenship?
In the early 1840s, how did the Supreme Court simplify the process of determining a corporation's citizenship?
According to the lecture, what is a key difference between the rights of corporations and the rights of human beings?
According to the lecture, what is a key difference between the rights of corporations and the rights of human beings?
Which clause in the Constitution was affected by the question of state citizenship for corporations, potentially impacting the rights of free Black people?
Which clause in the Constitution was affected by the question of state citizenship for corporations, potentially impacting the rights of free Black people?
What argument did some Southern judges make regarding corporate law in the context of the slavery debate?
What argument did some Southern judges make regarding corporate law in the context of the slavery debate?
What was the main point of contention regarding the Missouri Compromise?
What was the main point of contention regarding the Missouri Compromise?
What specific legal concept defines corporations, allowing them to engage in legal activities?
What specific legal concept defines corporations, allowing them to engage in legal activities?
Before the Supreme Court's decision in the 1840s, how were corporations able to establish diversity jurisdiction?
Before the Supreme Court's decision in the 1840s, how were corporations able to establish diversity jurisdiction?
In the context of free blacks potentially undermining southern police regulations, what constitutional provision could be used?
In the context of free blacks potentially undermining southern police regulations, what constitutional provision could be used?
What was the main concern of Southern judges like Daniel, Campbell, and Catron regarding the extension of citizenship?
What was the main concern of Southern judges like Daniel, Campbell, and Catron regarding the extension of citizenship?
What was the increasingly common argument made by Southerners regarding Congress and slavery expansion?
What was the increasingly common argument made by Southerners regarding Congress and slavery expansion?
What specific issue prompted Southern judges to consider severely restricting corporate law?
What specific issue prompted Southern judges to consider severely restricting corporate law?
Why was determining corporate citizenship deemed 'cumbersome' before the Supreme Court's decision in the 1840s?
Why was determining corporate citizenship deemed 'cumbersome' before the Supreme Court's decision in the 1840s?
What potential consequence arose from defining corporations as citizens, particularly concerning free Black individuals?
What potential consequence arose from defining corporations as citizens, particularly concerning free Black individuals?
Flashcards
Slavery & Constitution
Slavery & Constitution
The relationship between slavery and the Constitution.
Pro-Slavery Constitutionalism
Pro-Slavery Constitutionalism
The interpretation of the Constitution that favored the protection and expansion of slavery.
Anti-Abolitionist
Anti-Abolitionist
Against the abolition of slavery.
Dred Scott Case
Dred Scott Case
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Modern Constitutional Theory
Modern Constitutional Theory
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Anti-Slavery Constitution
Anti-Slavery Constitution
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Abolition
Abolition
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Testing Effect
Testing Effect
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Federal Consensus
Federal Consensus
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Dominant View on Slavery
Dominant View on Slavery
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Madison's Notes
Madison's Notes
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Significance of Madison's Notes
Significance of Madison's Notes
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Wendell Phillips
Wendell Phillips
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The Constitution a Pro-Slavery Compact
The Constitution a Pro-Slavery Compact
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Fugitive Slave Clause
Fugitive Slave Clause
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Abolitionist View of Constitution
Abolitionist View of Constitution
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Anti-Slavery View of Constitution
Anti-Slavery View of Constitution
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Pro-Slavery Convention View
Pro-Slavery Convention View
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Slavery Revolution to Civil War
Slavery Revolution to Civil War
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James Madison Notes
James Madison Notes
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James Madison
James Madison
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Fugitive Slave Clause
Fugitive Slave Clause
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Slavery's Expansion
Slavery's Expansion
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Forced Migration
Forced Migration
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Expansion Debate
Expansion Debate
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Missouri Controversy
Missouri Controversy
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Missouri's Significance
Missouri's Significance
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Louisiana Purchase Extent
Louisiana Purchase Extent
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Early Congressional Debate
Early Congressional Debate
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Missouri Settlement
Missouri Settlement
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Westward Migration
Westward Migration
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Missouri's Bid
Missouri's Bid
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Post-1812 State Admissions
Post-1812 State Admissions
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Informal Balance Rule
Informal Balance Rule
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Wilkinson's view on Constitution
Wilkinson's view on Constitution
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Originalism
Originalism
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Immediate Emancipation
Immediate Emancipation
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Slavery as a Necessary Evil
Slavery as a Necessary Evil
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Slavery as a Positive Good
Slavery as a Positive Good
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Slavery and Social Stability
Slavery and Social Stability
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Mud Sill
Mud Sill
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Cradle to Grave Protections
Cradle to Grave Protections
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Frustrated Expectations
Frustrated Expectations
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Revolutions in the 1830s & 1840s
Revolutions in the 1830s & 1840s
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Unfree Labor and Stability
Unfree Labor and Stability
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Gradual Abolition
Gradual Abolition
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Regional Acceptance of Slavery
Regional Acceptance of Slavery
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Gradual Emancipation
Gradual Emancipation
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Abolitionist View
Abolitionist View
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Popular Sovereignty
Popular Sovereignty
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Political Expedient
Political Expedient
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Majoritarian Government Challenge
Majoritarian Government Challenge
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Bounds on Individual Rights
Bounds on Individual Rights
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Legal Doctrines
Legal Doctrines
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Slavery Expansion Issue
Slavery Expansion Issue
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Interests of Enslaved People
Interests of Enslaved People
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Personal Liberty Laws
Personal Liberty Laws
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Fugitive Slave Law
Fugitive Slave Law
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Groves v. Slaughter
Groves v. Slaughter
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Domestic Slave Trade
Domestic Slave Trade
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Rights to Marry
Rights to Marry
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Rights to Own Firearms
Rights to Own Firearms
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Contract Case
Contract Case
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Ohio River & Slavery
Ohio River & Slavery
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1819: State Balance
1819: State Balance
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Missouri's Statehood
Missouri's Statehood
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Missouri Compromise (1820)
Missouri Compromise (1820)
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36°30' Line
36°30' Line
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Congressional Power
Congressional Power
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Sectional Balance in Senate
Sectional Balance in Senate
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Equal Balance
Equal Balance
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War With Mexico
War With Mexico
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California's Admission
California's Admission
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Northern Population
Northern Population
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Southern Interests
Southern Interests
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President's Cabinet
President's Cabinet
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John C. Calhoun
John C. Calhoun
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Pennsylvania Personal Liberty Laws
Pennsylvania Personal Liberty Laws
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Joseph Story
Joseph Story
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Exclusive Federal Power
Exclusive Federal Power
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Prigg v. Pennsylvania Ruling
Prigg v. Pennsylvania Ruling
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Sanctuary City
Sanctuary City
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Federal Compulsion of States
Federal Compulsion of States
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Justice Tawney's Argument
Justice Tawney's Argument
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State's Concerns
State's Concerns
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Slave Transit Case
Slave Transit Case
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Somerset Case
Somerset Case
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Power in Abeyance
Power in Abeyance
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Somerset Rule
Somerset Rule
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Federal Supremacy on Fugitive Slaves
Federal Supremacy on Fugitive Slaves
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Constitutional Priority
Constitutional Priority
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Dred Scott Case Context
Dred Scott Case Context
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Mississippi's Slavery Provision (1840s)
Mississippi's Slavery Provision (1840s)
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Groves v. Slaughter (1841) Ruling
Groves v. Slaughter (1841) Ruling
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Justice John McLean's Argument
Justice John McLean's Argument
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Justice James Baldwin's Argument
Justice James Baldwin's Argument
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Federal Consensus (1840s)
Federal Consensus (1840s)
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Roger Taney's Argument on State Control
Roger Taney's Argument on State Control
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State Control Over Social Standards
State Control Over Social Standards
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Edward Sprague
Edward Sprague
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Margaret
Margaret
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State Control Over Slavery
State Control Over Slavery
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Prigg v. Pennsylvania
Prigg v. Pennsylvania
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Pennsylvania state law
Pennsylvania state law
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Racial State Control
Racial State Control
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Corporations as Persons
Corporations as Persons
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Diversity Jurisdiction
Diversity Jurisdiction
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Original Corporate Citizenship
Original Corporate Citizenship
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Corporate Citizenship by Charter
Corporate Citizenship by Charter
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Limited Corporate Rights
Limited Corporate Rights
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Corporate Charters
Corporate Charters
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Privileges and Immunities Clause
Privileges and Immunities Clause
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Judicial Resistance to Corporate Power
Judicial Resistance to Corporate Power
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Dartmouth College Case
Dartmouth College Case
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Southern Argument on Slavery Expansion
Southern Argument on Slavery Expansion
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Missouri Compromise
Missouri Compromise
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Right to Sue
Right to Sue
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Legal Responsibility
Legal Responsibility
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Power Defining Rights
Power Defining Rights
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Thorny Legal Questions
Thorny Legal Questions
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Irene Emerson
Irene Emerson
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Missouri Supreme Court stance
Missouri Supreme Court stance
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Roger B. Taney's Argument
Roger B. Taney's Argument
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Peter Daniel
Peter Daniel
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Strader v. Graham (1851)
Strader v. Graham (1851)
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Fugitive Slave Act & Federal Power
Fugitive Slave Act & Federal Power
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Passenger Cases
Passenger Cases
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Corporations
Corporations
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Enslaved Musicians
Enslaved Musicians
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State vs. Federal Power
State vs. Federal Power
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Kentucky Freedom Laws
Kentucky Freedom Laws
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State's Rights Doctrine
State's Rights Doctrine
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Federal Power
Federal Power
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Roger B. Taney
Roger B. Taney
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Boat Owner
Boat Owner
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Somerset Principle
Somerset Principle
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Slave Grace Case
Slave Grace Case
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Domicile Rule (Slavery)
Domicile Rule (Slavery)
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Kentucky/Louisiana Domicile Rule
Kentucky/Louisiana Domicile Rule
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Missouri's Slavery Rule
Missouri's Slavery Rule
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Missouri's Transit Exception
Missouri's Transit Exception
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Unnecessary Delay (Slavery)
Unnecessary Delay (Slavery)
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Strict Enforcement (Missouri)
Strict Enforcement (Missouri)
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Dred Scott
Dred Scott
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Eliza Scott
Eliza Scott
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John Emerson
John Emerson
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Fort Armstrong
Fort Armstrong
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Fort Snelling
Fort Snelling
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Residence
Residence
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Domicile
Domicile
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Study Notes
Slavery and the Constitution
- The lecture explores the relationship between slavery and the Constitution, focusing on both pro-slavery and anti-slavery interpretations.
- It also addresses the Dred Scott case and the constitutional problem of slavery.
Pro-Slavery Dimension of the Constitution
- Federal courts and the presidency generally leaned towards a pro-slavery interpretation of the Constitution.
- While debates existed about the extent of protection slavery deserved, there was a common anti-abolitionist stance among those enforcing the Constitution.
- The Supreme Court was more anti-abolitionist in orientation, disliking anti-slavery arguments, though some members were pro-slavery.
The Dred Scott Case
- The Dred Scott case serves as a prime example of pro-slavery constitutionalism and a touchstone for future legal thought.
- It is widely regarded as one of the worst Supreme Court decisions in U.S. history.
- Modern constitutional theory aims to prevent similar outcomes by applying theory 'properly'.
- Conservative and liberal scholars have differing reasons for considering Dred Scott a bad decision, both with valid points.
The Constitutional Problem of Slavery
- The lecture revisits earlier discussions, building upon previous topics related to slavery.
- In the early 1790s, a "federal consensus" emerged, asserting the federal government's lack of power over slavery within states.
- Emancipation, if it were to occur, had to happen at the state level.
- The federal consensus was widely accepted by pro-slavery and anti-slavery advocates, including abolitionists like William Lloyd Garrison, who viewed the Constitution as fundamentally flawed.
- However, some anti-slavery figures like Frederick Douglass argued that the Constitution was inherently anti-slavery.
- Pro-slavery advocates even claimed the federal government was mandated to protect slavery to some degree, although this was a minority view.
- The dominant view was that Congress could not end slavery in the states.
- Attitudes toward slavery evolved significantly between the Revolution and the Civil War (1776-1861).
- Starting in the 1830s, James Madison's notes on the Federal Convention became available, providing extensive insights into the debates surrounding the Constitution.
- Madison's notes revealed arguments for and against slavery, influencing constitutional thought, and Wendell Phillips used these notes to argue that the Constitution was pro-slavery.
- Madison noted that northern delegates would not endorse a constitution that recognized property in man.
- Scholars like Finkelman and Willetts drew upon this period of constitutional thought from the 1830s to argue whether the Constitution was pro- or anti-slavery.
- This period marked a crucial moment for constitutional thought as people could examine the framers' intentions.
- This sparked early forms of originalism, which argued the framers' words and intentions should guide constitutional interpretation.
- The debate over slavery saw the emergence of originalist thought.
Abolitionist Arguments
- Anti-slavery activists began advocating for immediate emancipation in the 1830s, disregarding potential consequences.
- Abolitionists believed slavery was a sin against God and should be ended immediately.
- In response, Southern intellectuals, like John C. Calhoun, started arguing that slavery was a "positive good".
Perspectives on Slavery
- Revolutionary figures like Thomas Jefferson viewed slavery as a "necessary evil" due to historical circumstances.
- Calhoun argued that slavery was essential for social order, class conflict, and social stability.
- Enslaved people were confined to menial labor without prospects for advancement, theoretically receiving lifetime protection from their enslavers.
- This system allegedly prevented the discontent and revolutions seen in Europe and the North.
- Calhoun and his followers believed that social stability required some form of unfree labor and believed that in the United States, this was slavery, which they saw as a good thing.
- There were a spectrum of opinions beyond this: ranging from the idea of slavery as a necessary evil, to gradual emancipation, to tolerance of slavery in the South, to simply acknowledging that slavery was unpleasant.
Constitutional Problems
- Two main constitutional problems related to slavery existed: slavery's expansion and the status of slavery within states.
- Slavery's expansion was driven by the high demand for cotton, produced by enslaved labor, especially after the invention of the cotton gin in the 1790s.
- Enslaved people were forcibly moved from states like Virginia and Maryland to the southern interior to cultivate cotton.
- The expansion of slavery raised questions about whether the founders intended for it to spread.
The Missouri Compromise
- The issue of slavery's expansion first arose during the debate over Missouri's admission to the Union.
- Missouri, part of the Louisiana Purchase, sought to become a slave state.
- New states were being admitted into the Union around this time, including Indiana, Alabama, and Illinois.
- Missouri's bid for statehood in 1819 sparked controversy because it wanted to be a slave state.
- An informal rule had existed that stipulated slave states came into the Union in the South, generally south of the Ohio River.
- In 1819, the number of slave states equaled the number of free states.
- Missouri's location north of the Ohio River raised concerns about slavery's westward expansion.
- Politicians questioned whether the framers intended for slavery to spread into new territories.
- In 1821, the Missouri Compromise was reached: Missouri was admitted as a slave state.
- In addition no future slave states would be allowed north of Missouri's southern border (36°30' line).
- This divided the federal territory into free and slave states, with both sides dissatisfied.
- It was generally understood that Congress had the power to limit slavery in the territories but chose to compromise due to Southern interests.
- Members of James Monroe's cabinet, including John C. Calhoun, agreed to this rule, although Calhoun would later argue it was unconstitutional.
- This compromise eventually broke down after the war with Mexico, which added new western territories to the United States
- The admission of California as a free state threatened the balance between free and slave states.
- An equal number of free and slave states was considered important in maintaining sectional balance in the Senate.
Popular Sovereignty
- "Popular sovereignty" became a popular stance where citizens of the territories decide whether to allow slavery.
- Politicians could avoid responsibility for the decision, and allow people to vote in territories.
- There was a moral problem in giving voters the power to vote away the rights of a minority in a specific territory.
Slavery between States
- Another issue was the future of slavery between states.
- The Constitution allowed people to enter free territory to apprehend fugitive slaves.
- The Fugitive Slave Law of 1793 codified this, but states responded with personal liberty laws, which imposed rules on capturing fugitive slaves.
Groves v. Slaughter (1841)
- The Supreme Court was brought into the federal consensus and the best example of this is "Groves v Slaughter," a contract case.
- Involved the purchase of slaves in Mississippi that had been imported domestically.
- Mississippi's constitution prohibited bringing slaves into the state for sale.
- In this case the Supreme Court ruled that Mississippi's constitution lacked enabling legislation.
- There were opinions raised on whether enslaved people were human beings or property.
- Justice John McLean argued that Congress could not regulate the slave trade using the commerce power, as enslaved people are people, not property.
- Justice James Baldwin argued for exclusive state control over slavery.
- Chief Justice Roger Taney argued that states had the freedom to act as they saw fit regarding race and slavery without federal intervention.
- The Supreme Court agrees that states have absolute control over slavery within their borders and the federal government has no control.
- The Fugitive Slave Clause allowed federal intervention regarding fugitive slaves.
Prigg v. Pennsylvania
- In "Prigg v. Pennsylvania," Pennsylvania challenged personal liberty laws.
- Edward Prigg captured a woman named Margaret and her children, and took them to Maryland, without following the rules of the Pennsylvania personal liberty laws.
- Justice Joseph Story argued that federal power over fugitive slaves was exclusive, meaning states could neither help nor hinder their apprehension.
- This raised questions of the federal government compelling states to enforce federal laws.
- The court upheld this law as a bare majority.
- Taney believed that states could not hinder the apprehension of, but could aid the apprehension of, fugitive slaves.
- Taney argued for the inherent right of self-preservation for the states, superseding federal constitutional issues.
The Dred Scott Case Setup
- This situation led to the issue of "Dred Scott," which dealt with slave transit.
- Slave transit cases concern legal status when enslaved people travel with enslavers from a jurisdiction that recognizes slavery to one that does not.
- Free territories cannot force someone to leave.
- The "slave grace case" came about which was what happens if enslaved people are willingly taken into a territory that recognizes slavery.
Varying Status by Jurisdiction
- Status variations were dependent on the varying jurisdictions
- There was no clear rule on when status would change, whether immediately upon entering a territory or after establishing residence.
Kentucky and Louisiana
- Kentucky and Louisiana had rules that, if you entered a free territory with enslaved people and established a domicile there for an extended period, it created a freedom claim for the enslaved people.
The Missouri Rule
- Missouri had a different rule that, if you went into free territory and introduced slavery, it created a freedom claim.
- They can't stay too long without it being improper
- Transit was the only thing that saved enslavers.
- Even someone traveling, but was delayed, would be subject to the Missouri rule and free their slaves.
- Courts have ruled that military officers aren't exempt, and they should not have brought slaves into territory if they did not want to free them.
Scott v. Emerson
- "Scott v. Emerson" changed the Missouri Rule and changed the situation for Dred Scott.
- Scott was purchased by a military doctor and accompanied him to postings in Illinois and Minnesota.
- Scott and his wife even married in Fort Snelling while living in free territory, and they had two children.
- After John Emerson's death, the Scotts sued his wife, Irene because according with existing precedent, Dred and were essentially free.
- He lost his case
- The Missouri Supreme Court stated they were no longer going to do this.
- The Missouri Supreme Court also stated Northern states were too invested in abolition.
- The lecture then mentions Supreme Court justices.
The Supreme Court
- Taney who was one of the Supreme Court justices had tried to convince a majority of the court that states have the right of self-preservation but could not get a majority of judges to do this.
- In 1851, he gave up the idea of states having the right to self reservation in the case "Strader v. Graham".
- Taney stated states have a right to do what they want on race status, but there are issues covered by the constitution.
- As Chief Justice, Taney has, until this point, never written a majority opinion in a slavery case.
Corporations and Citizenship
- Corporations and citizens were very complicated. Corporations have become more relevant.
- In issues of diversity jurisdiction, what they would do is they would look at the members of the corporation, to figure out their citizenship.
- As corporations grow, so did complexity.
- In the 1840s, the Supreme Court the citizens of the state chartered, there was a case called "Watson" where the Supreme Court determined all corporate citizens would be states.
- States are now recognizing citizens and persons.
Questions Raised
- Are black people citizens?
- What if states declare free black folks citizens?
- Can they go into other territories?
- There are clauses in the Constitution like the Privilege and Immunities Clause, which says that the citizens of each state have the privileges of the citizens of states when they travel
- Should these clauses apply to free black people in the south?
Views Among Judges
- There were varying views among Southern Judges, and there were arguments they should strip corporate law.
- Criticism against the Missouri Compromise also grew.
- Many Southerners were arguing the constitution does not stop Congress from allowing people freedom.
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