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Lecture 11

Complete Lecture 11 Notes

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Political Science
POLI 2327
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10/8/13 Lecture 11 • When abolitionism started as a movement in the 1830s, it required a critical mass of people that were committed to the movement  radical o There were a lot of people in north and south who thought these abolitionists were trouble and were brewing up a war, regardless of their own view on abolitionism  Abolitionists didn’t care how bad they looked – only cared about moral principle • If country fell apart, then the country DESERVED to fall apart because it was so morally corrupt • Even people against slavery, like Lincoln, believe that the Constitution was a bargain that actually protected slavery…it held the nation together o Willing to enforce that bargain • When Civil War started, Lincoln’s goal was to SAVE the UNION, NOT save or destroy slavery o If he could save union by abolishing slavery he would, by keeping slavery he would, by abolishing some slaves while leaving others alone he would • Lots of political developments happening that forced the issue o Provisions in Constitution that prohibit slavery but don’t answer practical problems coming up • Fugitive Slave Issues make people increasingly angry on both sides o At the very founding, after ratification of constitution, congress passed Fugitive Slave Act of 1793  Law of self-help • How is it going to be enforced? o Anyone who owns a slave is free to go and retrieve that slave from a free state on basis of self-help o How could Congress pass such a law?  Not clear that Congress has authority to do this • Article 4 – away from enumerated powers in Article 1 • With rise of abolitionism, states banned self-help or slave catchers and passed Personal Liberty Laws o If there is a slave that you are alleging that has run away, you have to apply to a state government and have a hearing…can’t just grab someone off the street and take them away  Has to be a legal judgment o Case of Matilda v. Chase  Chase argued that Congress had no power to pass fugitive slave act/self- help • No enumeration in Article 1, Section 8 of power to capture runaway states o Should be left to the states under the 10 amendment o Big case that goes to supreme court is Grig v. Pennsylvania  Caused when the slave escapes to PA and slave owner goes to PA and catches slave to bring her back south • Slave owner is arrested for kidnapping  Showing distrust between Fugitive slave acts and Personal liberty laws  Said that the Fugitive Slave Clause was “self-executing” • Idea that the treaty itself in enforceable as law – doesn’t need congressional implementing legislation o Fugitive Slave Acts = the implementing law  Powers of national government and power to regulate this area of law is exclusive – states can’t do anything to regulate the capturing of slaves • Same dynamic of Commerce Power  Fugitive Slave Clause is above the Personal Liberty Laws  SUPREMACY CLAUSE o States have concurrent power and an regulate as long as it doesn’t conflict with federal scheme  If there is no legislation to enforce right, what becomes of the right? o Slavery wins in this case  Becomes a notorious case • Rule of self-help trumps • Fugitive Slave Act of 1850 o Doesn’t just provide self-help  Provides Federal Marshalls the power to enforce the Fugitive Slave Clause • Lincoln said that the country can’t exist half slave and half free o What’s going to lead to Civil War = north is not taking the “you do your thing, I’ll do my thing” way of thinking about the issue of slavery  Everyone was becoming a potential slave catcher o If you aided an escaped slave, it was a federal crime for which you could be prosecuted • Same thing happens with expansion westward into territories o Can congress prohibit slavery in new territories?  Nothing in Article 1 but there is something in Article 4 • New states may be admitted by Congress into Union • Dred Scott Case o Only referred to NorthWest land • Ultimately, if you are going to take away someone’s property when they move out west, you have to treat American citizens equally o If southerners move out west with their slaves, the slaves get taken away wile northerners get nothing taken away • Baseline = Missouri Compromise o 2 states coming into the union and want to preserve political balance between N and S  Will admit one as a free and the other as a slave th • Draws a li
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