Week 4-Tues-Civil War and U.S. Constitution

Civil War and U.S. Constitution

Creating rights for people of color and immigrants that we still depend on today

Causes Leading up to Civil War

Fugitive Slave Law-More severe

          1793 version – slaves could escape to the north

          1850 version – Runaway slaves could be captured, even in the north

          Abolitionists - furious

Missouri Compromise

1820 – limited spread of slavery in U.S.

Limited areas in new territories where slavery could be started

When new territories asked to become states, Congress had to decide if they would be “slave” states or “free-soil” states

David Walker’s Appeal

Wrote incendiary pamphlet in 1829

Circulated among slaves in north and south.

“Black people, stand up and fight!”

Aroused black self-determination.

Overt abolitionism by a free black man

Walker, D. (1829). David Walker's Appeal in Four Articles, together with a Preamble, to the Coloured Citizens of the World.

                David Walker’s Appeal

David Walker, while not a slave himself, wrote a pamphlet titled David Walker’s Appeal (1829) that called for slaves to revolt. 

Even though many banned this pamphlet from circulating, it still caused a stir amongst slaves and abolitionists.

Although he was born a freeman, David Walker saw slavery first-hand during his childhood. Those experiences inspired him to write the Appeal, a long pamphlet which called for slaves to revolt (violently, if necessary) against their slave masters.

Republican Party formed
1854 – against slavery

Started in Wisconsin.

Disaffected Whigs, some northern Democrats, some from Liberty Party and Free-Soil Party

Wanted to halt what they saw as the relentless march of slavery into new territories that would become states.

But even so, these early Republicans were not for equal rights of blacks. Thought too many free blacks would compete with working-class whites for jobs.

Dred Scott Decision
1857

Dred Scott (a slave) sued in federal court. Claimed he was a Missouri citizen and free man because:

His master had taken him to the state of Illinois and Wisconsin Territory, both free.

He argued that because he had lived on free soil, he had become free.

Case went all the way to the U.S. Supreme Court.

U.S. Supreme Court Judge rules against Dred Scott

Supreme Court Justice Roger Taney said no. (Name pronounced “TAW-nee).

He was a slaveowner himself.

Residence on free soil did not render a slave a free person.

Taney: “A black person has no rights which a white man was bound to respect.”

Northern abolitionists were incensed: “slave power has … annihilated the boundaries of the states.”

Dred Scott decision fueled push to Civil War

It galvanized the Republican Party (who were primarily against slavery).

The expansion of the territories and resulting admission of new states could mean a loss of political power for the North in the U.S. Congress:

Many of the new states might be admitted as slave states

And counting slaves as three-fifths of a person (Constitution Article 1, Section 2, Paragraph 3) would mean that the slave holding states would have stronger political representation in Congress than the northern states.

John Brown - 1859

White abolitionist; believed radical force was the only way to end slavery. Black men were in his rebel group.

He and his men raided the federal arsenal (weapon supply depot) at Harper’s Ferry, Virginia

They successfully got in. Wanted neighboring slaves to escape and join them to form a slave army.

But few slaves joined. Brown and men were caught. Whites alarmed.

John Brown and Raid on Harper’s Ferry

John Brown was a very staunch abolitionist.

He got so incensed about slavery, he decided to take it on with some of his sons and followers, not waiting for legislation.

Terrified white southern slave owners.


Abraham Lincoln as presidential candidate

1858: Lincoln Runs for Illinois senator against Stephen Douglas – they debate slavery

Douglas for compromise on extending slavery, Lincoln for keeping the it out of new territories and states

Lincoln however, did not believe in equality of blacks and whites, although he was not a radical racist.

He believed free blacks would compete too much with whites for labor.

Lincoln President in 1860

Shortly after Lincoln became Republican president, seven southern states seceded

South Carolina

Mississippi

Alabama

Florida

Louisiana

Georiga

Texas

Later, after fall of Ft. Sumter (April 12, 1861) 4 more border states seceded

Arkansas

Tennessee

North Carolina

Virginia (West Virginia separated and stayed in the Union)

The Secession of Southern States, 1860–1861 • pg. 505

Fired on Ft. Sumter 1861

Confederates fired on Ft. Sumter in Charleston, S.C. on April 12, 1861.

Civil War officially began.

The Coming of the Emancipation Proclamation

Lincoln initially insisted that slavery was irrelevant to the conflict

Congress adopted a resolution proposed by Senator John C. Crittenden of Kentucky, which affirmed that the Union had no intention of interfering with slavery

The policy of ignoring slavery unraveled, and by the end of 1861, the Union military began treating escaped blacks as contraband of war

Blacks hopeful: saw the outbreak of fighting as heralding the long-awaited end of bondage

The Coming of the Emancipation Proclamation

Steps Toward the Emancipation Proclamation as a military maneuver

Since slavery stood at the foundation of the southern economy, antislavery northerners insisted emancipation was necessary to weaken the South’s ability to sustain the war.

Throughout these months, Lincoln struggled to decide.

Lincoln’s Decision

In 1862, Lincoln concluded that emancipation had become a political and military necessity

On September 22, 1862, Lincoln issued the Preliminary Emancipation Proclamation

The initial northern reaction was not encouraging

The Emancipation Proclamation

Lincoln signed the final Emancipation Proclamation on January 1, 1863 

It only freed slaves in the Confederate south, not the entire country. Not in the north.

The Proclamation was a military maneuver to take resources from the Confederate Army and the south. Southern slaves were declared “contrabands” of war, like other seized property.

The Emancipation Proclamation altered the course of the Civil War because slaves escaping from the south meant there was hardly anyone to do the work in the south or grow crops to provision (feed) the Confederate troops.

The Emancipation Proclamation (Excerpt)

Emancipation Proclamation (1863): “…by virtue of the power in me vested as Commander-in-Chief, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. . .”

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.”

The Emancipation Proclamation

Other Key Presidential Military Proclamations and Executive Orders in 20th Century: President=Commander in Chief of U.S. Armed Services

World War II, 1942, President Franklin D. Roosevelt -Executive Order 9279 forcing all services to officially end restrictions on African Americans being inducted into military service. He compelled the military to accept at least 10% of African Americans into service. Did not end segregation in the military though.

1948, President Harry Truman-Executive Order 9981 officially ending racial segregation within the armed forces. However, the practice of segregation did not really end until 1954 and later (Korean War).

Back to Civil War- Emancipation Proclamation included enrollment of blacks into Union military for Civil War

Enlisting Black Troops

Of Lincoln’s Emancipation Proclamation’s provisions, few were more radical in their implications than the enrollment of blacks into Union military service.

Union Army was desperate for men.

By the end of the war, over 180,000 black men had served in the Union army and 24,000 in the navy.

Most black soldiers were southern emancipated slaves who joined the Union army.

Bill of Rights (First 10 Amendments)

Freedom of speech, freedom of the press, freedom of assembly, the right to a fair and speedy trial–the ringing phrases that inventory some of Americans' most treasured personal freedoms–were not initially part of the U.S. Constitution.

At the Constitutional Convention, the proposal to include a bill of rights was considered and defeated. The Bill of Rights was added to the Constitution as the first ten amendments on December 15, 1791.

The fact that the Constitution did not include a bill of rights to specifically protect Americans' hard-won rights sparked the most heated debates during the ratification process.

Amendments-Aided Blacks

The 13th Amendment abolished slavery in the entire United States.

The 14th Amendment ensured that all citizens of all states enjoyed not only rights on the federal level, but on the state level, too. It removed the three-fifths counting of slaves in the census. It ensured that the United States would not pay the debts of rebellious states. It also had several measures designed to ensure the loyalty of legislators who participated on the Confederate side of the Civil War.

The 15th Amendment ensured that race could not be used as a criteria for voting.

Amendments- First 10=Bill of Rights

The 1st Amendment protects the people's right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.

The 2nd Amendment protects the right to own guns. There is debate whether this is a right that protects the state, or a right that protects individuals.

The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board.

The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

Amendments

The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees.

The 6th Amendment guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.

Amendments

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.

The 10th Amendment is the subject of some debate, but essentially it states that any power not granted to the federal government belongs to the states or to the people. See the Federalism Topic Page for more information.

The 11th Amendment more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state.

Amendments

The 12th Amendment redefines how the President and Vice-President are chosen by the Electoral College, making the two positions cooperative, rather than first and second highest vote-getters. It also ensures that anyone who becomes Vice-President must be eligible to become President.

Amendments-Aided Blacks

The 13th Amendment abolished slavery in the entire United States.

The 14th Amendment ensured that all citizens of all states enjoyed not only rights on the federal level, but on the state level, too. It removed the three-fifths counting of slaves in the census. It ensured that the United States would not pay the debts of rebellious states. It also had several measures designed to ensure the loyalty of legislators who participated on the Confederate side of the Civil War.

The 15th Amendment ensured that race could not be used as a criteria for voting.

14th Amendment (1868)- Crucial to Civil Rights in 20th and 21st Centuries

Brown v. Board of Education- U.S. Supreme Court case that dismantled racial segregation in education in 1954.

Plyler v. Doe – U.S. Supreme Court case ruled that the Equal Protection clause of the 14th Amendment guaranteed all children the right to a public education regardless of their immigration status in 1982.

The DREAM Act (acronym for Development, Relief, and Education for Alien Minors) first introduced to U.S. Congress in 2001, not yet passed on federal level.

Dream Act Provisions (hotly debated)

This bill would provide conditional permanent residency to certain immigrants of good moral character who:

1. graduate from U.S. high schools,

2. arrived in the United States as minors,

3. and lived in the country continuously for at least five years prior to the bill's enactment.

4. If they were to complete two years in the military or

5. two years at a four-year institution of higher learning,

they would obtain temporary U.S. residency for a six-year period (not permanent residency (a green card).

Dream Act Provisions still being debated

(If agreed in Congress)

Within the six-year period, they might qualify for permanent residency if:

1. they have "acquired a degree from an institution of higher education in the United States

2. or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States"

3. or have "served in the armed services for at least 2 years and, if discharged, [have] received an honorable discharge".

15 states have their own versions of Dream Act

As of November 2013, 15 states have their own versions of the DREAM Act,

which deal with tuition and financial aid for state universities.

These states are Texas, California, Illinois, Utah, Nebraska, Kansas, New Mexico, New Jersey, New York, Washington, Wisconsin, Massachusetts, Maryland, Minnesota, and Oregon.

Dream Act Pros and Cons

Supporters argue that the Act would not create an "amnesty program"

and would produce a variety of social and economic benefits,

Critics contend that it would reward illegal immigration and encourage more of it,

Take money from U.S. citizens who need the benefits,

invite fraud and shield gang members from deportation.

2012 Presidential action supporting some Dream Act criteria

On June 15, 2012, President Barack Obama announced that his administration would stop deporting young illegal aliens who match certain criteria previously proposed under the DREAM ACT.

Obama administration’s new Deferred Action for Childhood Arrivals (DACA) program.

Arizona and other border states did not want to comply.

The Social Construction of Race

Michael Omi and Howard Winant's definition of race does away with concept that race is

1) a biological fact and 2) an illusion.

Instead: race very real social classification that has both cultural ramifications as well as enforces a definite social order (54-55).

Racial Formation in the United States:

From the 1960s to the 1990s; Routledge & Kegan Paul, 1986 and later editions.

“Race” is a social construction, not fixed, biological categories

Race is a social construction which alters over the course of time due to historical and social pressures.

Race is organizing principle

Race isn’t essence, it’s “an unstable and ‘decentered’ complex of social meanings constantly being transformed by political struggle” (68)

Racial formation has been a process which changed over time

Racial formation is the process by which socio-historical designations of race are created and manipulated.

Racial formation explains the definition and redefinition of specific race identities.

Early contact with Africans – exotic curiosities

Contact with small numbers of Africans – cultural rather than “racial” distinctions

Later contact with large numbers of Africans- Needed to justify subservience

White and black indentured servants; then some blacks become “slaves” for life.

                Cultural Hegemony

Karl Marx (1818–1883) His work in economics laid the basis for the current understanding of labor and its relation to capital (money).

In Marxist philosophy, the term Cultural Hegemony describes the domination of a culturally diverse society by the ruling class.

They manipulate the culture of the society — the beliefs, explanations, perceptions, values, and mores — so that their ruling-class worldview becomes the worldview that is imposed and accepted as the cultural norm.

It becomes the universally valid dominant ideology that justifies the social, political, and economic status quo as natural, inevitable, perpetual and beneficial for everyone.

Ordinary people do not understand that this dominant ideology is really a series of artificial social constructs that benefit only the ruling class.

                Cultural Hegemony

Antonio Gramsci (1891–1937) developed the theory of cultural hegemony. He was a young Italian radical intellectual.

In sociology, the term “cultural hegemony” carries denotations and connotations derived from the Ancient Greek word hegemony (leadership and rule).

Political hegemony is the geopolitical method of indirect imperial dominance, with which the hegemon (leader nation-state) rules subordinate states by the implied means of power (the threat of intervention).

For the most part, nowadays, dominant nations maintain power by indirect threat of force, rather than by direct military intervention (invasion, occupation, or annexation) tactics which used to be used in the past.

America has a hegemonic "ruling class" – the top 1 percent

Who Rules America? Prof. G. William Domhoff, UC Santa Cruz

America has a "ruling class," a circle of wealthy and powerful families that run the banks, businesses, and government, essentially controlling everything in America.

The top 1 percent are executives, doctors, lawyers and politicians, among other things.

Within this group of people is an even smaller and wealthier subset of people, 1 percent of the top, or .01 percent of the entire nation.

America has a hegemonic "ruling class" – the top 1 percent

According to Forbes Magazine

Those people have incomes of over $27 million, or roughly 540 times the national average income. Altogether, the top 1 percent control 43 percent of the wealth in the nation; the next 4 percent control an additional 29 percent.

Thus, the top 5 percent controls some 72% of the country’s wealth.

http://www.forbes.com/sites/moneywisewomen/2012/03/21/average-america-vs-the-one-percent/

Many African Americans continue to follow the hegemonic rules since Civil War but question at                same time

Nation of Islam argues:

“Do for self”

Have independent institutions

Throughout this country’s history, many African Americans from the antebellum period to today have accepted the capitalist ideology that they should try to accumulate money and property.

Not told that there are other possible ways of organizing society along more equitable lines.

Caught in the middle – trying to follow the American Dream but also critiquing it and working with other African Americans for greater equity

Have we been caught up in capitalism since the Civil War to no avail? Would communal sharing be btter?

                Military Recruiting
                Pipeline to People of Color

People of color targeted

Prison Labor Offers “Economic Incentives” for Corporations

With wages as low as 8 cents per hour and no unions, safety regulations, pension, social security, sick leave nor overtime, prison labor is a growing and economically competitive sector.

It is estimated that the federal prison industry produces 100% of all military helmets, id tags, bullet proof vests, canteens, night-vision goggle, ammunition belts, tents, shirts, bags and pants.

                The Prison Industrial Complex
Prisoners manufacture military items today

With wages as low as $0.23 per hour and no unions, safety regulations, pension, social security, sick leave nor overtime, prison labor is a growing and economically competitive sector.

Prison Labor manufactures military items for U.S. Dept. of Defense

It is estimated that the federal prison industry produces 100% of all military helmets, id tags, bullet proof vests, canteens, night-vision goggle, ammunition belts, tents, shirts, bags and pants.

 

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