States' Rights v Federal Power From the Nation's Founding to Civil War, Jim Crow, and Civil Rights Movement
Civil Rights

States’ Rights v Federal Power From the Nation’s Founding to Civil War, Jim Crow, and Civil Rights Movement

The Constitution was drafted to correct the many weaknesses of the Articles of Confederation. Congressmen now swear allegiance to the United States rather than to their native states, as was done under the Articles. The Constitution grants the Federal government not only the power to levy taxes, but also to collect them, as well as sole control over trade and commerce. The Constitution establishes a Federal court system that can override state court decisions if there is a conflict. The US Congress, unlike the Confederation Congress, can pass routine legislation with a simple majority vote. […]

Can Speaker Mike Johnson and the Republicans refuse to seat validly elected Democrats to the House in 2025?
Current Events and History

Can Speaker Mike Johnson and the Republicans refuse to seat validly elected Democrats to the House in 2025?

Had the law surrounding this issue had not continued to evolve, this indeed would be a troubling precedent. But the issue did evolve, and in 1969 the Supreme Court under Chief Justice Earl Warren decided that Congress could not deny any duly elected Representative their seat in Congress unless they did not meet the qualifications for office listed in the Constitution, that they be at least twenty-years-old, have been a citizen for seven years, and live in the district they represent. The House of Representatives had attempted to refuse to seat Adam Clayton Powell, a controversial black congressman who was embroiled in credible financial scandals. There was only one justice who dissented on technical grounds. […]

14th Amendment National Debt Insurrection SMALL
Civil War and Reconstruction

Unenforced Sections of the 14th Reconstruction Amendment: Public Debt and Insurrection

Is this Republican blackmail constitutional? Most scholars and the Justice Department do not think so, although there are some conservative scholars who disagree. And there is no Supreme Court precedent for this question. President Biden has publicly stated that the Fourteenth Amendment question is on the table. […]

Civil Rights

History of History of WEB Dubois’ Black Reconstruction, Challenging Lost Cause Myth and Dunning School

The established dogma was that the Reconstruction Era following the Civil War was a dark period in American history, where black rule bred corruption and unwanted federal interference in the governments of the Deep South. WEB Du Bois counters by claiming that the Jim Crow Redemptionist Era following Reconstruction was the dark era when blacks lost the right to vote and any semblance of due process and fair play, that many blacks were, in effect, re-enslaved in a more brutal segregationist society, and that the Reconstruction was a time of greater democracy where the civil rights and liberties of all races and classes were respected. […]

Abortion

Supreme Court Dobbs Case Overruling Roe v Wade: Should Christians be Pro-Compassion? Pro-Doctors?

There are some really heart-breaking situations involving abortion. Should abortion be allowed if the mother’s and/or the baby’s life is in danger? Should abortion be allowed in case of rape or incest? Should abortion be permitted if it is likely the mother would otherwise commit suicide? Should abortion be permitted to reduce the number of deaths caused by botched abortions by coat hangers or Lysol? […]

Civil Rights

Second Founding: The Reconstruction Amendments to the Constitution

Did the Civil War lead to a Second Founding of the United States? Eric Foner in his book with that title on the Reconstruction amendments and his other books on the Reconstruction era argues forcefully that the Civil War was a political turning point for this country. Before the Civil War, each state determined its own racial policies, but the politics of slavery, then white supremacy, proved so repugnant to the North that it passed these three amendments. […]

Civil Rights

Post-Civil War Reconstruction and Redemption History, Yale Lecture Notes

Southerners were stubborn, Southerners were intransigent, Southerners could never accept St Paul’s declaration that “There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus.” It was anathema, unthinkable, incomprehensible that Southerners, and many Northerners, would ever regard negroes as equal to free white men, in their eyes negroes were inferior, they would always be subservient. General Sherman may have burned Atlanta and destroyed livestock, crops, and railroads in his mark to the sea; General Grant may have continually fought and flanked Robert E Lee until he was cornered and cut off from supplies at Appomattox; these two Union generals may have momentarily exhausted the ability of the Southern generals to continue the war; but the true Civil War to change racial attitudes is a war that is being fought to this very day.

The South may have lost the Civil War, but it won the peace. The history of Reconstruction is in three phases. In Presidential Reconstruction lenient terms entice the Southern states back into the Union, but the South overreaches, enacting black codes so harsh that they effectively re-enslave the free blacks to their former masters, denying blacks any rights as citizens. Radical Reconstruction is enacted when many in the North to be outraged by the attitudes of their Confederates, the Radical Republicans gain a veto-proof majority in both houses of Congress, the South is placed under military rule, and new elections are held and policies that benefit free blacks are enforced. But there is mass resistance, the Ku Klux Klan and similar white supremacy bands spring up, terrorizing the South in their night rides and burning crosses, lynchings become commonplace. The Panic of 1873 causes a deep recession, Northern public opinion tires of the endless struggle against the old Confederacy, leading to the final phase, Redemption. Federal troops are withdrawn from the South and the Southerners are free to rule as they see fit, Jim Crow laws are passed denying blacks their civil liberties and their ability to live a normal life with a decent paying job. The KKK and other night riders step up their lynchings to intimidate blacks, in some cases violently overthrowing legitimately elected local governments. […]

Civil Rights

American Slavery and the Abolitionists: Yale Lecture Notes

When Abraham Lincoln met Harriet Beecher Stowe, he remarked, So you are the little lady whose little book started the Civil War.  This book, Uncle Tom’s Cabin, was the best-selling book by far in 1852, eventually selling over a million copies, galvanizing Northern opinion about the horrors of slavery.  This romantic novel from the point of view of ordinary slaves, and it really promoted that the lives of even slaves should have dignity, they were not just mere property like cows or horses, that slaves could the heroes and heroines of a tragic novel allowing the reader to imagine the horrors of a life lived bound in chains, of souls bound in cruel inequities, of human beings bound in a life of unending cruelties.[2]

The antithesis of Uncle Tom’s Cabin was the Supreme Court decision in Dred Scott vs Sanford in 1857.  Dred Scott was a slave who sued his master for his freedom as his master moved him and his family between slave states and free states that banned slavery under the Missouri Compromise law.  The Southern Chief Justice Roger Taney held that no negro had ever enjoyed the rights of a citizen under the Constitution.  Negroes were denied the dignity of personhood, negroes were always property and would also remain property, negroes were declared by the Supreme Court decision to be “so far inferior that they had no rights which a white man was bound to respect.”  This decision, which denied that the Constitution gave Congress the right to bar slavery in the territories, enraged public opinion in the North, bolstering the popularity of Lincoln and the Republican Party […]