American Legal History
-- JacobHolberg - 20 Oct 2009

The Coming of the American Civil War

The American Civil War is traditionally categorized as a war about slavery. North's victory and the subsequent release of slaves led to a glorification of the war in the modern consciousness as a war between "good" (Northern States) and "evil" (the South) where the good prevailed, thereby assuring freedom, cohesion and association as much of our time, so that President Lincoln's holdings formed the model for President Barack Obama ahead of his inauguration as the 44th U.S. president. One thing is that it can be questioned whether the slaves actually experienced an improvement in their lives after the war. However, the theme here is another, as it sought investigated whether the purpose and rationale for the war in fact had even these glorious themes which are stated in the deafening interpretation of the importance of the war in the posterity.

This leads to the following questions:

Can the purpose and background of the American Civil be attributed to a conflict on discrimination and view of humanity rather than to a conflict on property and territories?

  • This isn't really a question. The answer is "yes": any interpretive approach to a phenomenon as large as the Civil War is possible. Moreover, the particular interpretive approach proposed isn't novel: it's the received wisdom.

  • A question, for our purposes, is an inquiry with an answer, not an interpretation seeking validation. So "Can one see Denmark as a country that offered unique resistance to the German occupation authorities' attempts to arrest and deport Jews to be murdered in the lagers?" is not a question. Of course one could "see" Denmark in that context, and equally one could "see" it in another context altogether. "Did King Christian X wear a yellow star in public?" is a real question, and the answer is "no," according to the statements of the current queen.

  • So what we want here is an actual question, requiring the discovery and capture of primary sources from which an answer can be rigorously derived. "How did the Supreme Court avoid ruling on the imprisonment of disloyal newspaper editors by President Lincoln?" "What theories of the constitutionality of secession were expressed in 1860, and how did the Supreme Court ultimately rule on the central constitutional issue of the war?" "Why did supporters of the Fourteenth Amendment believe the Thirteenth was insufficient constitutional basis for the Civil Rights Act?" Etc.

Thank you for the comments. It was indeed very useful as I think that I now have a better understanding of the whole concept of the assignment. Please see revised introduction, question and headlines below.

The Coming of the American Civil War

The American Civil War is traditionally categorized as a war about slavery. North's victory and the subsequent release of the slave's part two a glorification of the war in the modern consciousness as a war between "good" (Northern States) and "evil" (the South) where the good prevailed, Thereby assuring freedom, cohesion and association As much of our time, so that President Lincoln's Holdings, formed the model for President Barack Obama ahead of his inauguration as the 44th U.S. president. The war, however, was the culmination of an internal conflict in the United States, not only rooted in disagreement over access to the use of slaves, but in general the (south)states access to self-determination, including whether the federal law would override the state law or not. The American Civil War, which erupted in 1961, could be broken as early as 1820, when the balance of power between free states and slave states would inevitably be upset with the inclusion of Missiouri as a state in the Union.

This leads to the following questions: By what legal means on the federal level was the outbreak of an American Civil War sought avoided before 1861?

OR

Was launched on federal level legislative and/or judiciel efforts to meet the Southern States wishes after discrepancies were found but before the outbreak of civil war?

1. Background

2. Research

2.1 The Missouri Compromise 1820

2.2 The reduction of tariff schedules 1833

2.3 Supreme Court Case Barron v. Mayor of Baltimore, 32 U.S. (7 Pet.) 243 (1833)

2.4 Clay’s Resolution 1850 (The Wilmot Proviso 1846-47)

2.5 Supreme Court Case Dred Scott v. Sandford,60 U.S. (19 How.) 393 (1857)

2.6 President Buchanans endorsement of the Lecompton Constitution 1857

3. Conclusion

 

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r4 - 21 Oct 2009 - 02:14:48 - JacobHolberg
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