The journey from there to here

At least twice now, I have seen blogs regarding states' rights as regards the voting rights of felons. But these blogs have largely ignored the fact that we have gradually disallowed states' rights in education (No Child Left Behind) and national security (The US Patriot Act). Liberals are quick to attack George W. Bush as treading upon the constitution, and perhaps justly so. But in doing so, they ignore the facts regarding one of their cherished presidents, who set precedents that allow these current states rights intrusions.

Unbeknownst to most, Abraham Lincoln ran on the platform of being a moderate. He claimed the sovereignty of the states. Indeed, in his own inaugural address, he stated:

I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.

Going further to establich the sovereignty of the states, he issued the following proclamation in the same speech:

Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter what pretext, as among the gravest of crimes.

When Abraham Lincoln's proclamation was put to the test by southern secession, he failed the test miserably. Indeed, the Civil War began over the insistence of the Confederacy that the Union vacate Fort Sumter; it was only when the union FORTIFIED, rather than evacuate the fort, that true conflict arose.

During his tenure, Abraham Lincoln repeatedly and consistently disregarded the Constitution in order to preserve the Union. Many sources document these violations, but I point you to the following quote, gleaned from the following link, to support this statement: Link

A quote from the page sourced above:

More violations of the Constitution probably occurred during Abraham Lincoln’s four years as president than during any other cohesively defined era in American history. Many have pointed out that Lincoln suspended habeas corpus to jail war protesters, shut down hundreds of newspapers that disagreed with his war, established a draft for the first time in American history (except in the seceded South, which had a draft a year earlier), instituted restrictions on firearms, and sent troops to violently suppress the New York draft riot. He also used the war to push through the "American System," a program of de facto nationalization of the transportation industry via massive subsidies to corporations that would agree to build "internal improvements" – railroads, waterways, and canals. The victory of the Union in 1865 not only established that, contrary to popular political theory in the antebellum era, the federal government was completely supreme over the states; it also established that a president could do literally anything he could get away with, no matter how many liberties were suspended, innocents jailed, and people killed in the process.

In short, yes, the current administration tends to disregard the Constitution, especially as regards states' rights. But it is not until we atone for the sins of 140 years past that we can begin to restore to the states their rightful, Constitutional place in the Union.

Respectfully submitted,

Gideon MacLeish


Comments
on Mar 08, 2005
In regards to your title, that depends on if you call it, "The Civil War", "The War Between the States" or "The War of Northern Aggression!" ;~D


Yes, Prs. Lincoln was a big believer in state's rights. Just as Prs. Bush was a big believer in not nation building. Both had major events occur during their administrations that led them down a different path than their original campaigns would have suggested.

Once the Southern States succession occured, Prs. Lincoln's entire goal was to keep the Union together. He didn't recognize the Confederate States of America as a nation before the Civil War, but then when it was over, he pardoned all the leaders of the Confederacy when by rights he could have had them all tried as traitors. Suspending the writ of habeas corpus was probably the most dramatic encrouchment he made, but even with that, clemency was not unheard of. Prs. Lincoln could have stuck rigidly with the Constitution and States rights, but the two biggest threats to our society (IMHO) is to interpret our laws so loosely that they can no longer be enforced, or to adhere to them so rigidly that they become the means of our downfall.

In short, yes, the current administration tends to disregard the Constitution, especially as regards states' rights. But it is not until we atone for the sins of 140 years past that we can begin to restore to the states their rightful, Constitutional place in the Union.


This part I have to respectfully disagree. Attempting to atone for the past is not only a useless gesture, but usually only serves to enflame the very problems it attempts to heal. Yes, State's rights have taken a beating over the years, and many of the domestic problems we face today are the result of that very shortsightedness. However, the remedy is to identify what issues can and should be returned to the state and local level with an eye towards the future, not mired in the past.
on Mar 08, 2005
ya cannot make an omlet unless ya break some eggs.
on Mar 08, 2005

No Child Left Behind) and national security (The US Patriot Act)

Actaully, the second is one of the (few) enumerated responsibilities of the Federal Goverment (provide for the common defense).  The former is just a carrot and stick form of blackmail (famous among Congress).  The states are not required to follow NCLB.  But if they want the education bucks..........

So while I do disagree with NCLB and have stated so many times, I cannot count that as a usurption of states Rights.  And I dont believe the second one is at all.

on Mar 08, 2005

Dr. Guy,

I do believe both are usurpations of states' rights, but with qualifiers: They're both examples of violations that were brought about because many Americans foolishly lobbied for tighter control. In other words, while the feds authored them, they only did so in response to public opinion.

Your argument on NCLB is most compelling, though, as compliance is, technically voluntary. But that should read "voluntary with an asterix", the asterix citing the "peer pressure" applied on states to march their educational systems right off the cliff like proverbial lemmings. Like seatbelt laws, not following NCLB is likely to be political suicide because of an intentionally misinformed electorate.

on Mar 08, 2005
Please the time worn argument that Lincoln was out to do in state's rights never had a thing to do with what happened during the time just before leading up to the civil war and its duration. Bottom line was as usual "THE ECONOMY" Those with the money lived in the South those that didn't have quite as much lived in the NORTH. The Civil War completely reversed that. It was a about reversing the haves to have nots as is every civil strife about.
on Mar 08, 2005
Those with the money lived in the South those that didn't have quite as much lived in the NORTH.


Oh yes, the poor north... no industry, no finances, just a bunch of destitute paupers hoping all those rich Southerners will keep them alive. {{Yawn}}
on Mar 08, 2005
oops