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History of the United States I / Unit 14   USH1 1973 worked example, 60 to 90 seconds

Whose States' Rights

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The idea

Slaveholders claimed states' rights as their governing constitutional principle, and the Fugitive Slave Act used federal power to bend other states' residents to their purposes. They rejected federal power that restricted slavery and embraced federal power that protected it. The North answered in kind. Eight northern legislatures passed personal liberty laws giving arrested freedom-seekers state protections including jury trial, which the anchor describes as northern states' rights opposition to federal power.

In practice

In eighteen fifty the South wants federal power and the North claims states' rights, which is the reverse of what a student expects.

Where people slip

This symmetry is the teachable structure of the whole decade. Both sides' constitutional principles follow their interest in slavery rather than the reverse. Carry the test forward through every remaining entry in this unit. When a party invokes a constitutional doctrine, ask first what outcome the doctrine delivers, and you will find the doctrine changes sides whenever the outcome does.

Your place on the trail

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