Creating a More Perfect Slaveholders' Union

Creating a More Perfect Slaveholders' Union
Author: Peter Radan
Publisher:
Total Pages: 0
Release: 2024
Genre: HISTORY
ISBN: 9780700635818

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"In 1869, in Texas v White, the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible states." This meant that once a state became part of the Union, "[t]here was no place for reconsideration, or revocation, except through revolution, or through consent of the states." In this iconoclastic work, Peter Radan demonstrates why the court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate States were lawful on the grounds that the United States was forged as a "Slaveholders' Union." Creating a more perfect Slaveholders' Union deals with two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. The two matters came together when the states seceded on the grounds that the system of government the Confederate States had agreed to-namely, a system of human enslavement-had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan shows, in the compact theory of the Constitution, which held that, because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate States sought to preserve and protect their peculiar institution by forming a more perfect Slaveholders' Union"--

Creating a More Perfect Slaveholders' Union

Creating a More Perfect Slaveholders' Union
Author: Peter Radan
Publisher: University Press of Kansas
Total Pages: 452
Release: 2023-10-27
Genre: Law
ISBN: 0700635807

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In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.

A Slaveholders' Union

A Slaveholders' Union
Author: George William Van Cleve
Publisher: University of Chicago Press
Total Pages: 403
Release: 2010-10-15
Genre: History
ISBN: 0226846695

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After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.

Forming a More Perfect Union

Forming a More Perfect Union
Author: Bill Johns
Publisher:
Total Pages: 90
Release: 1989*
Genre: Georgia
ISBN:

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A More Perfect Union

A More Perfect Union
Author: Jesse L. Jackson Jr.
Publisher: Archway Publishing
Total Pages: 590
Release: 2021-11-12
Genre: History
ISBN: 1665704632

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Race, from the beginning and more than any other element, has shaped America's institutions, its economics, politics, laws, social structures, and political attitudes. Congressman Jackson considers race to be the focal point of America through the language of the economy because "the economy is the hearing aid through which Americans hear all political dialogue." In this thought provoking work, Jackson provides ample documentation and insightful analysis of the inextricable link between race and economics. More important Jackson proposes a radical economic strategy and program of new human rights that would build A More Perfect Union for all Americans and put them in a better position to come to grips with this enduring American legacy.

A More Perfect Union?

A More Perfect Union?
Author: Paul Finkelman
Publisher:
Total Pages: 750
Release: 1976
Genre: Interstate controversies
ISBN:

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A More Perfect Union: To 1877

A More Perfect Union: To 1877
Author: Paul F. Boller
Publisher: Houghton Mifflin
Total Pages: 292
Release: 1988
Genre: History
ISBN: 9780395359204

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A More Perfect Union

A More Perfect Union
Author: Henry Watkins Anderson
Publisher:
Total Pages: 34
Release: 1926
Genre:
ISBN:

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