Nullification Of Federal Laws, Slavery, And Civil War In The United States Essay.

1). Under what grounds does Daniel Webster (Document #1) oppose the ability of a state to nullify federal laws, also known as the Doctrine of Nullification? What justifications does South Carolina (Document #2) employ to defend their decision to nullify federal laws? In comparing these two primary documents, whose arguments regarding the concept of nullification are most persuasive to you and why?

2). In examining the 1851 political cartoon (Document #3), how are Southerners arguing against Northern protests of the 1850 Fugitive Slave Act? To what extent does this image relate to the issues raised regarding nullification in Documents #1 and #2? How does the 1856 political cartoon (Document #4) relate to the issues arising from the Kansas-Nebraska Act? To what extent did slavery complicate the process and politics of westward expansion in the 1840s and 1850s?

3). How did the Dred Scott Decision (Document #5) support the doctrine of nullification and limit the ability of the federal government to restrict the expansion of slavery? What position did this Supreme Court decision assign people of African descent in the United States of America? What inconsistencies does Frederick Douglass (Document #6) identify with the founding principles of the nation and the current status of people of African descent within it? In what ways does the Dred Scott Decision confirm and/or challenge Douglass’ arguments?

4). What is the “irrepressible conflict” according to William H. Seward (Document #7) and how does he specifically define the two sides involved? How does Alexander Stephens (Document #8) define the Confederacy and why does he believe secession is justified and necessary? How does President Lincoln (Document #9) frame the Civil War and effort to restore the Union as a moral imperative?

5). In thinking about these primary documents and what you have learned in your course, should states have the power to nullify federal laws if they disagree with them? Why or why not? As part of your response, provide a specific case or issue (political, economic, social, or cultural) within the United States from the end of the Civil War until the present day where you could imagine a scenario in which nullification could play out and reflect upon both the positive and negative consequences of such action.

Opposition to Nullification of Federal Laws by Daniel Webster

1). Daniel Webster tends to oppose the ability of the state to nullify the federal laws on the basis of the fact that the act of nullification of a certain act might not help in the alteration of the concerned situation. The author of the document further state that the nullification of the federal laws in case of the oppression of the concerned citizens of the state might not be helpful in the legalization of the resistance that might be raised by the concerned strata of the citizens of the country (Glynn pp. 193). The ordinance put forth by South Carolina tends to put forth the fact that the state should be allowed the power to nullify a federal act in cases wherein the decisions of the federation might lead to the conditions wherein the financial status as well as the income of the state are hampered or are stalled (Kight pp.521). This might help the state to put forth an analysis of the various conditions that deal with the legislative power of the states and the power that the state legislatures hold in the matters that pertain to the nullification of the federal laws in cases of oppression that is faced by the concerned state. The arguments that are put forth by the South Carolina government is observed to be more persuasive in the matters that deal with the various matters that might lead to the oppression of the state in various aspects like that pertaining to the financial matters and the freedom of the state.

2). The political cartoon of 1851 puts forth a documentary on the arguments that are provided by the concerned Southerners against the protests raised by the Northerners regarding the Fugitive Slave Act of 1850. The cartoon points out that the abolitionists of the North tend to follow the conditions wherein the fugitive slaves should be granted their freedom unlike those of the South who tend to maintain the fact that the slaves are meant to serve their masters and work according to their wishes (Loc.gov). The nullification issues that was raised in the previous documents might be concluded to be having a connection with the scenario in discussion. The cartoon depicts that the difference between the attitudes of the northerner and their Southerners on the matters that are related to the freedom of the fugitive slaves (Loc.gov). The Kansas-Nebraska Act of 1854 stated that the territories of Kansas and Nebraska were free to choose as to whether the slavery act would be valid within the concerned country. The implementation of this act led to the conditions wherein the concerned members of the Union had withdrawn their support from the matters that pertained to the implementation of the antislavery act and thus had helped in the aggravation of the division among the democrats within the country. The process of slavery had led to the conditions wherein there was observed a huge amount of discrepancy among the politicians who belonged to the Northern and the Southern territories. The political leaders were observed not to resist the institution of slavery but the ways in which the institution affected the expansion and the various other economic opportunities that were linked to the same.

Political Cartoon of 1851 and Fugitive Slave Act of 1850

3). The Dred Scott Decision had supported the doctrine of nullification and supported the capability of the federal government in the matters that pertained to the restriction of the expansion of the practice of slavery by rejecting the plea of the slave, Dred Scott to live a life as a free citizen of the concerned free state due to the fact that the ancestors of the concerned person had not been free citizens of the concerned state. This decision of the Supreme Court led to the conditions that rendered the people of the African descent to be on the same platform as the mere commodities that were bought and sold with the intention of holding business (Howard). Fredrick Douglass had opined that there have been certain inconsistencies in the matters that pertain to the founding principles of the federation and the then condition of the people belonging to the African descent in the concerned country. Douglass had pointed out the fact that the conditions that are present within the country have compelled the slaves of the African descent to lead the lives of complete slavery as well as join the celebrations of the independence of their free counterparts who are mostly the owners of the enslaved African descenders. The Dred Scott Decision might be considered to confirm to the arguments that are put forth by Fredrick Douglass (Douglass pp. 1818-1836). The decision and the argument both shed light on the difference that exists among the various classes of the residents within the country, the residents of the nation and the slaves of the African descent whom they owned.

4). The “irrepressible conflict” as proposed by William H. Seward, states that the conditions of the United States portray that the concerned country would in the near future face the political conditions that would either lead to the concerned country to be known as a slave-holding nation or to be known as a free-labor nation. The two sides that are mentioned by the concerned senator of New York, William H. Seward are the factors that pertain to the imposed and the servile labor that is performed by the slaves and the voluntary labor that is put forth by the freemen who are the residents of the concerned country (Seward). Alexander Stephens defines the confederation as an identity that is founded in the likes of the laws and the decrees that need to be followed by the governments (Stephens pp.1861). President Lincoln states that the Civil War that had taken place within the country had resulted from the conditions that had been present within the country during the late nineteenth century. The president states that the concerned civil disruption in discussion, the Civil War of the United States, have resulted due to the conditions of the differences that had arisen among the slaves and the freeman labor of the country (Lincoln). The president states that the restoration of the Union that had suffered due to the civil war should be considered to be a moral imperative on the part of the government of the country as well as the residents of the same. The president further opined that the practice of the slavery should be brought to a halt in order to restore the Union of the country that existed during the times.

Dred Scott Decision and the Doctrine of Nullification

5). The opinion as derived from the provided documents and the other readings from the course, might allow the safe conclusion that the states should not be granted the power that allows them to nullify the federal laws that might be disagreeable to the concerned citizens who have been residing in the concerned state. The power to nullify the federal laws might help them to establish a legislature of their own. However, the states if given the power to nullify the federal acts might also lead to the conditions wherein the states might practice an autocracy over the issues that might have been present within the territory. This might also have led to the conditions that could have resulted in another civil war. Thus, it might safely be concluded that the states should not be allowed the power to nullify the laws and acts that are designed by the esteemed federation of the United States.

The political issue that is observed to be existing within the concerned governmental body of the United States is the issues that pertain to the granting of the citizenship to the people who follow Isla as a religion (Independent.co.uk). The states within the federation might be granted the rights to nullify is rule that has been set by the concerned federal government thereby helping to bring about a rise in the overall financial progress of the concerned state in discussion. The nullification of the federal laws that deal with the banning of the members of the Islamic community might help the various states to employ as well as enol the candidates who have been following the concerned religion. The nullification of the act might also help the federation to stop the discrimination on the basis of the religious matters.

References:

Douglass, Frederick. "What to the Slave is the Fourth of July?." The Heath Anthology of American Literature 1 (1852): 1818-1836.

Glynn, P. McM. "Secession." Commw. L. Rev. 3 (1905): 193.

Howard, Benjamin C. A Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges thereof, in the Case of Dred Scott versus John FA Sandford: December Terra, 1856. By Benjamin C. Howard.(Separatabdruck aus den" Reports of the Supreme Court" Seite 393-633.). D. Appleton & Company, 1857.

Independent.co.uk. "Trump Just Expanded His 'Muslim Ban' To Something Much Worse." The Independent. N.p., 2018. Web. 8 May 2018.

Kight, Keely N. "Back to the Future: The Revival of the Theory of Nullification." Mercer L. Rev. 65 (2013): 521.

Lincoln, Abraham. Gettysburg Address, 1863. Lakeside Press, 1994.

Loc.gov, " Forcing slavery down the throat of a freesoiler. " Loc.gov. Http://www.loc.gov/pictures/item/2008661578/. accesed on 8 may 2018.

Loc.gov, " What's sauce for the goose is sauce for the gander. " Loc.gov. Http://www.loc.gov/pictures/item/2008661533/. accesed on 8 may 2018.

Seward, William Henry, and Charles O'Conor. The irrepressible conflict. For sale at the Office of the New York tribune, 1860.

Stephens, Alexander. "Cornerstone Speech." March 21 (1861): 1861.