The Emancipation Proclamation did not end slavery, nor did the Civil War. The war was about states' rights, more specifically that the Constitution limited the power of the federal government to commerce and disputes between states and the upholding of enumerated rights in the bill of rights. The Emancipation Proclamation was an exercise…
The Emancipation Proclamation did not end slavery, nor did the Civil War. The war was about states' rights, more specifically that the Constitution limited the power of the federal government to commerce and disputes between states and the upholding of enumerated rights in the bill of rights. The Emancipation Proclamation was an exercise of war time powers of the President and applied only to states in rebellion. Had they returned to the union, they would have retained their slaves and the legality of the Proclamation would likely have been overturned in court because the southern states were right about the limitations of the federal government. It became moot however when the action that truly ended slavery was taken, passage and ratification of the 13th amendment. With the thirteenth amendment ratified, the federal government was given the power to dismantle the institution of slavery as involuntary servitude, except as a punishment for crime duly convicted, was banned in all territories of the United States as an enumerated, constitutional right.
Brett you may be right about the technical details but the Civil War was absolutely about slavery. And the Black Codes shortly thereafter criminalized not having a job so that newly freed blacks would be sent to prison and then used as free convict labor. Black communities who found success like in Tulsa were destroyed by whites. And then we have Jim Crow which was still on the books when I was born and lynchings and racial terror. I hope you can reflect on these things.
Oh, I am absolutely aware of efforts to get around the 13th and 14th amendments, but if the Civil War had come to the same conclusion, the Emancipation Proclamation still issued by Lincoln but the 13th amendment not passed and ratified none of those things would have occurred because those people would still be slaves. The federal government is only allowed to intervene in a state's sovereignty if there is violation of a constitutional right. The Emancipation Proclamation would eventually be overturned by federal courts and slavery would have persisted in those states that chose it. The Union's position was unconstitutional and Lincoln knew it.
The Emancipation Proclamation did not end slavery, nor did the Civil War. The war was about states' rights, more specifically that the Constitution limited the power of the federal government to commerce and disputes between states and the upholding of enumerated rights in the bill of rights. The Emancipation Proclamation was an exercise of war time powers of the President and applied only to states in rebellion. Had they returned to the union, they would have retained their slaves and the legality of the Proclamation would likely have been overturned in court because the southern states were right about the limitations of the federal government. It became moot however when the action that truly ended slavery was taken, passage and ratification of the 13th amendment. With the thirteenth amendment ratified, the federal government was given the power to dismantle the institution of slavery as involuntary servitude, except as a punishment for crime duly convicted, was banned in all territories of the United States as an enumerated, constitutional right.
Brett you may be right about the technical details but the Civil War was absolutely about slavery. And the Black Codes shortly thereafter criminalized not having a job so that newly freed blacks would be sent to prison and then used as free convict labor. Black communities who found success like in Tulsa were destroyed by whites. And then we have Jim Crow which was still on the books when I was born and lynchings and racial terror. I hope you can reflect on these things.
Oh, I am absolutely aware of efforts to get around the 13th and 14th amendments, but if the Civil War had come to the same conclusion, the Emancipation Proclamation still issued by Lincoln but the 13th amendment not passed and ratified none of those things would have occurred because those people would still be slaves. The federal government is only allowed to intervene in a state's sovereignty if there is violation of a constitutional right. The Emancipation Proclamation would eventually be overturned by federal courts and slavery would have persisted in those states that chose it. The Union's position was unconstitutional and Lincoln knew it.