Download Unit 1 -- Essay #2

Unit 1
Cornell - C
“Explain the debate over States
Rights versus federal authority
and why the nation dissolved into
civil war and what were the
consequences ?”
I. “Tug-o-War”
States Governments vs. National Government
After the Constitution is ratified, WHY would there be a
“competition” between the national government and the state
governments? What would they bicker over?
The Constitution of 1787
Federalism
Powers “shared” between States & National
Governments
What happens when there is a conflict
between the States and Federal governments
over POWER ?
Who decides which side is
right ?
What if attempts to
compromise fail ?
Which government has
legal “authority” to
exercise power ?
I. Tug-o-War: States v. Federal
governments
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The new constitution set up FEDERALISM =
GOVERNMENT system where ultimate
authority/power is SHARED between a NATIONAL
government and STATE governments
(each is “sovereign” = They each can create their own
LAWS, courts, police, enforcement, etc.)
This has led to a ongoing “tug-o-war” between them
What does the rope signify in this “tug-o-war?
II. Issues and Arguments:
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State vs. Federal
Authority = When there
is a CONFLICT over
POWER between these
two governments
Whose authority shall
prevail (who wins?)
Example today:
marijuana laws
II. Issues and Arguments:
What the U.S. Constitution says
For State Authority
(power):
For Federal Authority
(power):
10th Amendment = any powers
that are not listed/given to
the FEDERAL government
is reserved for the states
See pg. 96-97
The “Constitution” lists the
powers for each BRANCH
-Article I, Sect. 8—powers to
TAX, to raise an ARMY,
etc.
-Also, the “ELASTIC Clause”
– Congress has the power to
pass all laws that are
“NECESSARY &
PROPER” to carry out its
listed powers it has.
See pg. 88
examples: power to run
SCHOOLS, conduct
ELECTIONS, etc.
II. Issues and Arguments:
2 Interpretations of the Constitution
“STATES Rights” Advocates
“FEDERALISTS”
(Anti-Federalists)
NULLIFICATION = States can
refuse to RECOGNIZE laws
passed by Congress that it
considers to be
UNCONSTITUTIONAL
Adding new states to the union
STATES have the power to decide
whether they will be “slave” or
“free” states
See Pg. 160 and A31
JUDICIAL REVIEW = only the
Supreme Court can declare a law
passed by Congress, to be
UNCONSTITUTIONAL
Adding new states to the union
CONGRESS shall decide whether
new states will be “slave” or
“free” states 
Congress tried 3 compromises to
keep a balance between slave &
free states—eventually THEY
ALL FAIL.
Compromise Fails over Slavery
Issue in New States
Southerners worried that if
they are outnumbered in
the House of Rep’s then
Abolitionists will be
able to make slavery
illegal -- that’s why they
want more “slave”
states and more Rep’s in
Congress !
Interactive Notebook
pg.166
Unit 1: Cornell-C
1.
Pg. 166 Who was Dred
Scott ? Why did he say he
could be free ? Why did
the Dred Scott case of 1857
matter ?
Lincoln Elected in 1860
Lincoln was against the
further spread of slavery
– but said he would not
eliminate slavery
Southerners didn’t trust
him – they decided to
“secede” from the
Union !
These arguments led to the CIVIL WAR
– When compromise failed
III. Consequences of the Civil War
How Southerners viewed Reconstruction
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After the Civil War the federal
government tried to “reconstruct”
(or REFORM the South) – to
make the South more like the
NORTH
An important objective of
Reconstruction was to include the
EX-SLAVES because they were
free, but had no LEGAL status or
RIGHTS.
Ex-slaves will have the full rights
of citizenship – including holding
office, voting, etc.
13th, 14th and 15th Amendments
Pg. 98-100
What was the purpose
of the 13th, 14th and 15th
Amendments to the
Constitution? How did
they help ex-slaves?
Answer in class notes
Did Reconstruction Work?
Union TROOPS had to
enforce the new
Amendments and
protect ex-slaves…
Northerners got tired of
sending YOUNG
SOLDIERS to occupy
the South…What
happens next?
Did Reconstruction Work?
White Southerners resist !
Birth of KKK and lynchings of
Blacks, etc.
Reconstruction FAILED 
SEGREGATION, RACIAL
DISCRIMINTATION &
OPPRESSION prevailed
--Jim Crow Laws