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Transcript
Week 2 DQ 1 Powers of the Federal Government
Many Americans today believe the federal government has acquired too much power, size, and
influence in the nation’s domestic affairs. Throughout U.S. history, a tension has existed regarding
what powers the federal government can assume and what powers should be left to the states. Review
the text of the Constitution for evidence about the relationship the document establishes between
national and state governments. Then review the history of the United States through the Civil War for
evidence of how that relationship worked in progress, and changed over time.
What major controversies during this time period raised questions about the proper relationship
between the state and federal governments? How did proponents and opponents of state sovereignty
defend their respective positions? How did the question of slavery intermix with the question of
states’ rights?
When responding to the above questions, draw from three of the following documents:
a.
South Carolina exposition and protest
b. President Jackson's proclamation regarding nullification, December 10, 1832
c.
The Kentucky resolution – Alien and sedition acts
d. Abraham Lincoln: Inaugural address, March 4, 1861
e.
Declaration of the immediate causes which induce and justify the secession of South Carolina
from the federal union
Federal vs. State
Around the time when America was born, several questions existed regarding the
government, including fights and concerns about the power, effectiveness, rights as well as
whether or not federal government should have the upper hand over state or if the state
should possess the power to protest against federal law, and where the decision making
lines should be drawn. Several fears linked with such debates were because of separation
from English reign that instigated the concerns of precisely how much authority
government should possess over the state.
Similar to today's backdrop, the Republicans and Federalists fought with each other
regarding the preciseness of the rule of the government as well as what should be
considered as just with the liberty in focus, and equality among the newly formed nation. A
number of controversies around this period which made way for questions regarding
appropriate relationship within the federal governments and the state are given below.
One similar case was the one John C. Calhoun presented with the protest against the
Tariff of Abominations or Tariff of 1828. “ Exposition of Calhoun at the time of nullification
crisis stated that the state possessed the power for rejecting federal law which was adopted
later by South Carolina, efficiently nullifying such tariffs and voting for constructing an
army of its own. Calhoun wrote that “to preserve a branch of the industry at the cost of
another one was unequal, unconstitutional, calculated and oppressive for corrupting the
general public and damage the country's liberty (Calhoun, 1828).”
Another major controversy which was an act of sovereignty for defending respective
positions took place as South Carolina withdrew its name from Federal Union to the
Confederate States of America - whose immediate causes were declared, inducing and
justifying South Carolina's secession from Federal Union. Debating on the reason, they
should and could act so due to the fact that United States' constitution lay down by Federal
Government had looked down at rights of states through indifference of wishes and
opinions of the similar states which held slaves (Goldman, 2008).”
Yet there were a number of controversies at this changing era of development for the
newly formed nation. The war would commence soon as north fight the south, brother
would fight brother and neighbor would fight neighbor for abolishing slavery.
As a result, at the time of the Inaugural address of Abraham Lincoln's on March 18 of
1861, constitutions rights were upheld for maintaining property while slaves were seen as
property. Though he is referred to as the lead person behind abolishing slavery, it is pretty
clear through his address he did sway any way- neither in favor nor against, but it stated
that the majority would reign oven as changes took place. “Clearly the main concept of
secession is in the very essence regarding anarchy. A majority was being held in restraint
through constitutional limitations and checks, and they were always being changed with
deliberate alterations of popular sentiments and opinions, is the sole true sovereign as far
as free people are concerned ( Peters, G. Woolley, J.T., 1999-2008).” Lincoln stated these
with a view to putting the Southern states' focus from losing control over slaves to
induction of the republican president.
With southern states consisting of agricultural economy depending highly on labor from
the slave to harvest and grow crops, they were afraid that the abolitionist view of the
northern states would threaten their livelihoods. It was a true fear as in 1854; the U.S.
Congress approved the Kansas-Nebraska Act that opened new territories for slavery
through asserting popular sovereignty's rule over the edict of the congress. Forces in favor
and against of slavery fought violently at "Bleeding Kansas”, which was followed by the
primary shots of American Civil War in South Carolina’s Charleston in Fort Sumter on April
12th of 1861, (David, B. 1996-2013).” The Kansas-Nebraska Act came with a true provision
of sovereignty that have to be upheld with the Constitution in mind.
Nonetheless, “Following a rule from the Supreme Court that the case of Dred Scott (1857)
affirmed the legality behind slavery across the territories, John Brown, an abolitionist's
Harper's Ferry raid in 1859 persuaded more southerners regarding northern neighbors of
theirs will to destroy the "peculiar institution" which provided sustenance to the people.
Election of Lincoln in November, 1860 was a final straw as in three months of this event,
seven southern states— Florida, South Carolina, Georgia, Mississippi, Texas, Alabama and
Louisiana --had declared their secession from United States (David, B. 1996-2013)”.
References:
Benedict, M.L. (2006). The blessings of liberty: A concise history of the Constitution of the
United States (2nd ed.). Boston, MA: Wadsworth Publishing.
Calhoun, J. (1828), South Carolina Exposition and Protest, retrieved from:
http://www.scribd.com/doc/34927191/John-C-Calhoun-South-Carolina-Exposition-andProtest
David , B. (1996-2013),American Civil War, Retrieved from
http://www.history.com/topics/american-civil-war
Goldman, L. Law Library, (2008), Confederate States of America - Declaration of the
Immediate Causes Which Induce and Justify the Secession of South Carolina from the
Federal Union Retrieved from: http://avalon.law.yale.edu/19th_century/csa_scarsec.asp
Peters, G and Woolley, J.T., (1999-2008), The Abraham Lincoln: "Inaugural Address, March
4, 1861,"The American Presidency Project” Retrieved From
http://www.presidency.ucsb.edu/ws/?pid=25818.