The meme above is a funny look at that the US Civil War was about State’s Rights, using the rebels from Star Wars as stand-ins for the Southern Rebellion and Darth Vader, of all people, questioning a State’s Right to What?
More about the State’s Rights Argument:
The Argument for States’ Rights as a Legitimate Pretext
Supporters of the “states’ rights” explanation argue that:
- The Civil War was fought over constitutional principles, not slavery per se.
- Southern states claimed they had a sovereign right to govern themselves, including the right to make their own laws about slavery, tariffs, and internal affairs.
- They pointed to the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
- They argued the federal government was overstepping its authority, especially by restricting the expansion of slavery into new territories, which they saw as a direct violation of states’ autonomy.
- Therefore, secession was framed as a defensive act to preserve the original federal balance, not as an offensive one to protect slavery.
Why This Defence is Flawed
- Slavery was the core issue driving “states’ rights.”
- The right most fiercely defended was the right to own enslaved people.
- Secession declarations from states like South Carolina, Mississippi, and Texas explicitly cite slavery as the central grievance, not abstract constitutional theory.
- For example, Mississippi declared: “Our position is thoroughly identified with the institution of slavery-the greatest material interest of the world.”
- Contradictory stance on states’ rights.
- Southern leaders supported federal power when it protected slavery, for instance, through the Fugitive Slave Act, which forced Northern states to enforce the return of escaped slaves.
- Thus, “states’ rights” was invoked selectively, to defend slavery where it existed and deny rights to free states that opposed it.
- Secession was a response to the perceived threat to slavery, not other policies.
- Abraham Lincoln’s election in 1860 triggered secession because he opposed the expansion of slavery, not because he threatened general state sovereignty.
- Other disputes (tariffs, federal infrastructure, etc.) were minor compared to the central conflict over human bondage.
- Historical evidence and contemporary statements confirm the motive.
- Confederate Vice President Alexander Stephens’ “Cornerstone Speech” declared that the Confederacy was founded on “the great truth that the negro is not equal to the white man; that slavery…is his natural and normal condition.”
- Such statements make clear that “states’ rights” was a rhetorical cover for maintaining racial slavery.
Slavery in The Constitution of the Confederate States
Moreover, slavery was explicitly protected and enshrined in the Confederate Constitution.
Here’s a breakdown of how:
Key Provisions About Slavery in the Confederate Constitution (1861)
Explicit Protection of Slavery
- Article I, Section 9, Clause 4:
“No…law denying or impairing the right of property in negro slaves shall be passed.”
This clause made slavery a constitutionally protected right, meaning no Confederate law could restrict or abolish it.
Recognition of Enslaved People as Property
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- The document referred to enslaved people directly as “negro slaves” and “property.”
- Unlike the U.S. Constitution, which avoided using the word “slavery,” the Confederate version used it openly and repeatedly.
Protection in the Territories
- Article IV, Section 3, Clause 3:
“The Confederate States may acquire new territory…and in all such territory the institution of negro slavery…shall be recognized and protected by Congress and by the territorial government.”
This guaranteed that slavery would be allowed in all Confederate territories, blocking any effort to restrict its expansion (a key dispute before the war).
Fugitive Slave Clause
Article IV, Section 2, Clause 3 mirrored and strengthened the U.S. fugitive slave clause, requiring that escaped slaves be returned even across state lines.
Ban on Importing Slaves from Abroad (but not from other states)
Article I, Section 9, Clause 1 banned the foreign slave trade, mainly to avoid diplomatic backlash, but explicitly protected the domestic slave trade between Confederate states.
Summary
The Confederate Constitution didn’t just tolerate slavery, it enshrined and expanded its protection.
- It named slavery directly.
- It declared enslaved people permanent property.
- It prohibited any Confederate state or law from undermining slavery.
- It mandated the protection of slavery in all new territories.
In short, the Confederate Constitution was a pro-slavery document by design, created to guarantee the perpetual existence and expansion of slavery, the very institution the Union increasingly opposed.
Here are some books on the issue:
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