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. […]

Hannah Arendt Questions Whether School Desegregation Was Wise: Little Rock and Civil Rights
Civil Rights

Hannah Arendt: Was School Desegregation Was Wise? Little Rock & Civil Rights v States’ Rights

In 1957 the NAACP registered nine black students to attend a previously all-white high school in Little Rock, Arkansas. At first Orval Faubus, Governor of Arkansas, ordered the Arkansas National Guard to “preserve the peace” by preventing these black students from attending. This civil resistance offended President Eisenhower. As a prior general, he viewed this as insubordination, so he nationalized the Arkansas National Guard, instead instructing them to protect the African American students. This did not stop the bullying and taunting, one of the black students had acid thrown in her face. There was a protracted struggle, the public schools were closed for a year, and after reopening black students had to face both white mobs and bullying for several years. […]

How Did the Speeches of Daniel Webster Inspire the North to Fight To Preserve the Union?
Civil War and Reconstruction

How Did the Speeches of Daniel Webster Inspire the North to Fight To Preserve the Union?

Webster knew that “the question of paramount importance in our affairs is likely to be, for some time to come, the Preservation of the Union, or its Dissolution; and now power can decide this question, but that of the People themselves.”
South Carolina not only set bad precedent, but she had also enacted a state law that stated that state militia could resist federal forces sent in to enforce the laws passed by Congress under the Constitution. Thus, you could argue that the Civil War did not start in 1864, that it really started in the 1830’s. […]

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 […]