Slavery
In what respects did the Constitution protect slavery? Why were free states willing to support these protections, despite believing that slavery is unjust?
1. 3/5 clause- 3/5 of a person for representation and taxes for slavery 2. Constitution prohibited Congress from outlawing the migration or importation of slaves until 1808 (20 year grace period) 3. Fugitive Slave return- even if they are found in free states. Free states were willing to compromise with this for the preservation of the union.
Vindicating the Founders West lists three charges that are often leveled against the founders regarding their understanding of equality and slavery. What are these three changes?
1. The founders did not really believe that all men are created equal (African Americans as well) 2. Founders thought that all men were created equal, but did not realize what that implied (the implication of injustice of slavery) 3. They believed all men were created equal, knew what it meant, but betrayed their own principles.
John C. Calhoun Why does Calhoun argue that slavery is a "positive good"?
1. because it makes social hierarchy match the racial hierarchy ( it is the best way to organize society in the south)- we need to stop apologizing for slavery. 2. Because Southern institutions are more stable than the north (Saved political stability)
In the sections on the "Incomplete Founding", West gives four reasons why the founders opposed immediate abolition of slavery. What are these four reasons? Which, if any, do you find convincing, and why?
1. selfishness: human beings wanted to keep slavery for economic interests. 2. its immediate abolition would be unjust- fear of race war 3. Conditions of citizenship (didn't know where to put the African Americans if they freed them, because they opposed political equality of slaves) 4. misguided positivism- faith in progress
Abraham Lincoln, "House Divided" Speech selection In this short selection about the future of slavery in the Unites States, Lincoln lays out two alternatives for America. What are they?
1. the opponents of slavery will abolish slavery 2. the advocates of slavery will push it forward till its instill in all states. one must make a choice.
This selection (Federalist 54) discusses the 3/5 clause. What is the 3/5 clause?
3/5 Clause is when each slave would be counted as 3/5 of a person for representation and taxation.
How does Calhoun understand the state of nature? Why did it never exist?
An individual or social state is NOT a natural state. Because there will never be sole individuals in the world, and for society: society can no more exist without government. It is the political, then, which includes the social, that is his natural state.
Why, according to West, were the concessions to slavery not immoral?
Because if a politician is willing to accept a lesser evil to avoid a greater one, because of its consequences then he is morally tainted (expedient). - it is just to do this, therefore not immoral
Why, according to Calhoun, was the Declaration's inclusion of the claim that "all men are created equal" unnecessary? Why is this claim dangerous?
Because it was not necessary for our independence from Britain. It is dangerous because of its destructive consequences that show that all men should be born free and equal- which would lead to the rise of an abolitionist union and then succession of southern states because they disagreed.
Contrary to Calhoun, Chief Justice Taney argues that when the founders declared "all men are created equal", they meant "all white men are created equal." What evidence does he offer to support this interpretation (Remember: Taney is not giving his own opinion about the races: he is claiming to discover the founders' understanding)
Because they were not 'intended to be included' as - in the language of the past, this would be understood to include only white. - And if this language WAS embraced and if it would be if written now, the founders would be inconsistent (HYPOCRITES) with the principles they asserted (affirmed slavery and some of them owned slaves) note: The African Americans were not considered as part of 'We the people' because they had been viewed as inferior and treated as property for more than a century. - no white man thought of refuting or open for dispute
Why is slavery the best foundation for free and lasting political institutions?
Because we are not disturbed by the interference of others, or shall have sufficient intelligence and spirit to resist promptly and successfully that interference.
In what respects, according to Lincoln, are African- Americans and white equal?
Because we both have natural, inalianable rights "among which life, liberty, and the pursuit of happiness" are included. (Some may not have the same political right or same equality of morality, color, size, talents)- but natural rights are for all.
Lincoln and Douglass, Seventh Debate (selection) What characterizes the fundamental difference between Douglas's stance towards slavery and Lincoln's?
Douglas believed that popular sovereignty, that is that each state should choose if they are free or slave states because he thought founders made it to be that way While Lincoln thinks that a choice must be made and thus based on morality.
How does Frederick Douglass defend the Constitution's compromise with slavery?
Frederick Douglas argues that if these compromises would have not been made, it I quite likely that the South would have secedes and made its own union (confederacy)- which would be pro- slavery - Thus, the institution of slavery would have been strengthened.
Abraham Lincoln, First Inagural Address How does Lincoln argue that he will not seek to abolish slavery?
He does not seek to abolish slavery, but only prevent further expansion.
What qualifies a people for liberty?
If the people in the society are safe, good , and enlightened then the society will be trusted with greater freedom. It depends on the character of society. Morally corrupt people need to be governed more strictly in order to preserve peace.
What does Calhoun mean when he says that the claim that "all men are free and equal in the state of nature" is a hypothetical truism?"
It is a statement that is obviously true (truism) under certain circumstances (hypothetical). It would be true only is this nature of state existed. - he denies that this claim is true. so YES we would be all free, if we were in an individual state- but this state of nature just simply does not exist.
How does the Gettysburg Address differ from his First Inaugural?
It is after the civil war
How did the Revolution affect Americans' views towards slavery?
It made many Americans come to see that slavery was wrong. - there were actions to limit slavery after rev war
Lincoln agrees with Calhoun that the claim that "all men are created equal" was not necessary in order to justify American independence. why, according to Lincoln, did the founders include the claim in the Declaration of independence?
It was not necessary because it was necessary to justify independence. They put it in there because they believed in this equality of natural rights (it didn't affect the independence). They included this claim for future use- to guide future of this country towards abolishing slavery, an ideal that America would progressively strive for. Stumbling bock for ignorant people who would want to bring people back to despotism. - they set up a standard, or maxim for free society, which should be labored for.
How is Lincoln's position here foreshadowed by his speech on Dred Scott and his "House Divided" speech (that is, the one paragraph of it that you read)?
Lincoln does not think that one must remain neutral (pop sov) to the issue of slavery because it has to be argued in a moral sense. "if it is a wrong, he (Douglas) cannot say people have a right to do wrong"- Lincoln The house cannot always be neutral- one thing must be decided - Republicans vote for anti-slavery because they believe it to be morally wrong.
What according to Lincoln, is the true source of the dispute between the North and South?
Slavery
Why does he say slavery is good for the slaves? in comparison to what?
Slavery makes political institutions more stable in comparison to the north who have the poor free and differences in classes. He says that the slaves in the south are treated better than working poor in North because slave owners have to take care of their property.
Madison here writes in the voice of a hypothetical Southerner who defends the 3/5 clause against a Northerner's claim that the clause in unjust. What arguments does the Southerner make? What important concession does he make to the Northerner?
The South gets a little bit more of representation but has to pay more. Because the south has a bigger population with slaves it'll count towards more representation in gov, but the whites in the South will also have to pay a lot more taxes compared to the Northerner.
What was the Dred Scott decision?
The decision asserted that Congress has no right, under the U.S Constitution, to ban slavery from the federal territories (land that is not yet a state). - decision also impliesss as Lincoln pointed out- that even a free state had no constitutional rights to outlaw slavery inside of that state (no part of the United States would have a right to ban slavery.)
How does Calhoun define the limits of governmental power and individual liberty?
The government is entitled to as much power as they need to preserve the survival of society. So people must be subordinate to government. however... government also has no right to control the freedom of people that is necessary for the safety and wellbeing of society.
What evidence does West offer to prove his claim that the founders believed that all men (including slaves) are equal?
There is evidence from what founders say that shows that they believed in this equality. Jefferson even mentions the injustice of the king for bringing in slavery. another ex : Benjamin Franklin "slavery is an atrocious debasement of human nature"
Why does society always require government? What follows from this fact, according to Calhoun?
This is only how race can exists and his faculties truly developed. - the worst kind of government is better than no government (anarchy)
Lincoln calls attention to a false claim in the Dred Scott decision. What is it?
false claim that Taney insists that "negroes were no part of the people who made, or for whom was made, the Declaration of Independence, or Constitution of the United States"
What objections does Lincoln raise against the Southern states' invocation of the rights to secession? (Lincoln offers more than one objection )
no vital (or if any) constitutional right has been violated. - If a minority secedes, a minority from them will also later secede (Secession makes a bad approach to policy- precedent) - Unanimity is impossible, thus, anarchy or despotism is all that is left.
Lincoln, Gettysburg Address, 1863 What is the continuity between the Gettysburg address and his speech on the Dred Scott decision?
that all man are created equal; All as in blacks too