@namasthetu:
"I'm gonna boil it down into a few points before this gets too out of hand:
"1. States' rights is ambiguous in the tenth amendment. While there is an explicit statement limiting federal authority, states and the people are given an ambiguous claim to everything else."
This is flatly untrue. The Ninth and Tenth Amendments explicitly say that any rights not delegated to the federal government in the Constitution are retained by the states and people. There is zero ambiguity.
"There are no explicit statements about even what kinds of rights fall to each."
Yes there is. The federal government gets the rights specified in the Constitution, and the states and people get everything else. The powers of the federal government are specified in Article 1, Section 8.
"Nontheless because it is stated within the constitution, it is a constitutional matter. Thus the states must make their case before the Supreme Court (or any lesser court deemed appropriate) when claiming anything which the federal government challenges."
If the federal government has stepped beyond the bounds of the Constitution, then the Constitution holds no authority over the states. Are we supposed to accept the premise that the federal government can ignore the provisions of the Constitution but the States must remain bound to the federal government's judgment of it's own actions? If the federal government decided they were just going to ignore the Thirteenth Amendment, the states would be obligated to follow the federal government and allow slavery? This is nonsense. The violation of a contract, like the Constitution, frees both parties to find arrangements more suitable to them.
"The States do not have unlimited authority to do as they please."
Constitutionally speaking, they have the right to do anything the citizens authorize them to do as long as it doesn't interfere with the federal government's powers as specified by Article 1, Section 8.
"2. Slavery was clearly a federal issue under the commerce clause and the naturalization clause of Article 1. It either involved the appropriation of foreign nationals through commerce or piracy or the trade of naturalized US citizens. The states therefore has no right at any point to make any decision without the lawful permission of the federal government."
Nonsense. The commerce clause was meant to regulate interstate trade and international trade. It was not blanket permission to regulate everything in a state that could be traded. This was an abominable reinterpretation made in the early Progressive era designed to be a massive power grab for the federal government. Even if you wrongly believe that interpretation to be justified, that didn't come until seventy years after the Civil War. The importation of slaves from foreign lands, on the other hand, definitively is a federal issue which is why is was banned in 1807, but that didn't affect slavery already existing in states. I suppose the federal government could have made naturalization laws that affected slavery, but they didn't.
"3. Jefferson has always been considered the author of states' rights as the South/Confederacy used it. He argued this point most vehemently during his debates with Hamilton in the 1790s. During this time he cemented his pro-slavery politics, despite his initial and sometimes later occasional idealistic railing against it."
You might be right on Jefferson arguing for the states rights of slavery. From my understanding, Jefferson would have been completely correct if he was arguing that slavery was Constitutionally allowed at the time and relegated to the states to decide. Nonetheless, can you give me a specific source so I can verify what you say? Saying it was in the Jefferson/Hamilton debates isn't very useful since they argued quite a bit.
"In his notes on Virginia he establishes the "scientific view of negro inferiority" which is cemented later with the states' rights doctrine thatthe Jeffersonian Democrats used to justify slavery in particular."
Sure, Jefferson thought blacks were inferior. That was the scientific consensus of the day. Lincoln had pretty racist views himself by modern standards. I am unaware if the Jeffersonians used this line of thinking to justify slavery, but it would not be surprising.
"Jefferson lived through the early years of this and not only used this argument himself for slavery, but as he grew older endorsed every usage of states' rights for this purpose."
Source? Again, I haven't seen your evidence. Also, you are not drawing a distinction between arguing for the rights of states to decide slavery and arguing for slavery. I believe states have the right to decide the legality of meth, but that does reveal whether I oppose or support the legalization of meth.
"During this time it is most commonly known as nullification doctrine which was ruled unlawful repeatedly as it bypasses the authority of the supreme court to decide constitutional issues. While its first legal usage was the Kentucky and Virginia Resolutions, it was already about a decade old concept Jefferson had been flinging about to no avail."
First, the nullification doctrine was meant to nullify laws passed by John Adams that could be used to shut down the media and deport citizens. Jefferson's work with nullification had nothing to do with slavery.
Second, Jefferson support of the nullification movement was done in collaboration with James Madison, the Father of the Constitution. I think Madison had a pretty good idea what the Constitution allowed.
Third, I don't know all the details of this crisis, but I do know nullification laws were meant to combat unconstitutional authority exercised by the federal government. If people must comply to every unconstitutional whim of the federal government, then what use is the Constitution?
"While my charge that Jefferson explicitly coined the doctrine to victimize people may be a bit embellished,"
If by embellished, you mean completely wrong, then yes, it was embellished.
"it is very obvious throughout his career that any time the federal government tried to remove any shred of power from wealthy landowners in favor of individual rights, he pulled out states' rights as if there was no question that the right may belong to individuals AND needed to be settled in federal court."
The class warfare angle is a red herring. The issue is whether the federal government had jurisdiction. If the issue was under the purview of Article 1, Section 8, the feds had purview. If it wasn't, they didn't. If you feel Jefferson wrongly applied the Constitution to defend the citizenry, you'll need to provide specific examples.
"One cannot shield themselves in the constitution and violate it at the same time, though this is often a tactic of modern states' rights groups who want federal money but then say the feds can't require anything for that money, as if they were entitled to it."
Aren't you making the case that the federal government can violate the provisions of the Constitution yet the states must remain Constitutionally bound to follow the federal government's ruling on their own actions. How is that different?
"And why shouldn't they think that way since the same states where you hear most of this rhetoric are also the ones who contribute the least while taking the most (SC I'm looking at you)"
You seem to have some genuine hostility on this issue. Did a states rights advocate steal your girlfriend or something?
"Voting rights has always been a big one too. It is a clearly defined individual right in the constitution and thus the federal government can make laws ensuring that right be protected, but that doesn't stop states' rights advocates from claiming its not a federal issue. On these matters they lose, persistently, but still maintain a false belief in their supremacy."
Constitutional amendments specify that you cannot deny the right to vote to anyone based on race, sex or age if eighteen or older. It also says you cannot be forced to pay a poll tax. Regarding all those things, the federal government does have power to regulate, but that does not mean they have the right to regulate every aspect of voting.
"4. As for the Civil War. South Carolina chose to leave the union rather publicly due to Lincoln's election. Lincoln tried to appeal to the other states that followed to rejoin in his inaugural address. For months following the secession Union forces avoided conflict and Lincoln attempted a dialogue, if one that could be a bit stern about his belief that the secession was an insurrection. That boat headed for Fort Sumter was a supply ship and had virtually no troops on it, certainly not enough to combat the massive force occupying Fort Moultrie on the mainland. The Union never fired unless fired upon for some time after the start of the war and despite the Confederacy's attempt to brand it "The War of Northern Aggression,""
I don't disagree with any of that.
"The Confederacy initiated the vast majority of assaults for a long time. The North could hardly be an aggressor when it knew it was vastly outnumbered at the time and generally hadn't fortified itself against an assault."
I don't know enough to judge whether this is correct.
"The South/Confederacy disobeyed the law and then began an insurrection which was not forcefully repelled for some time partially because of the North's desire for a peaceful solution."
Which law did they break?
"5. The Confederacy is a joke. They were the fourth richest nation (legal or not) in the world at the time. They were broke within four years. This is due to their complete incompetence in foreign relations and their own mythological belief that they were able to maintain an export economy without properly investing in a navy. Their internal trade infrastructure was practically nonexistent and they had virtually no middle class anyway."
Jefferson Davis was definitely not a good chief executive. That being said, the North expected a quick war, yet the war drug out for quite a while. Lee also came fairly close to taking the capital, so saying the South was completely incompetent is not justified.
"They simply didn't produce much of anything."
They produced a lot of crops, but they couldn't match in manufacturing. Equal infrastructure probably would have spelled victory for the South.
"So besides being completely in the wrong legally and morally, they were incompetent."
Obviously the South was wrong about slavery, but the North was wrong in refusing to let the South leave peacefully, and I don't care for Lincoln's suspension of Constitutional rights.
"The rich pressed the poor into service for a system that did not serve them to fight a war that shouldn't have been."
That could be said of almost every army including the North in the Civil War.
"There isn't anything to be proud of here."
I suppose you can find nobility in just about anything if you look hard enough, but I agree that as a whole, the Civil War was a blight on the nation.
"For all the talk of Robert E. Lee's honor, he was still a traitor at the end of the day serving the system he wanted to rather than the one he swore an oath to uphold."
Didn't Lee also take an oath to his state? I understand his perspective and bear him no ill will.
Whether you are a traitor or freedom fighter is shaped largely by whether you won the war. George Washington took an oath to England, yet few think of him as a traitor.
"I will drink to the poor people who had to endure this tragedy, and I will drink to many things that individual southerners hold dear, but that is all."
(shrugs) It's just another bad war, in my view. I don't see a good side in the conflict which is how I feel about most wars. There are better and worse, but rarely is it a matter of good vs. evil.
"Okay that was longer than intended but these are not simple issues."
Nobody said they were simple.
Log in to comment