Harry V. Jaffa: Constitution (page 2)

“And Lincoln in his Cooper Union speech, which he gave in February of 1860, raised the question, 'What can we do to satisfy our Southern brethren? No assurances that we give them that we will have no intention of interfering with the institution of slavery where it exists will satisfy them. We must get rid of all anti-slavery sentiments from our state constitutions.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The South was a Closed Society

Question

“If a minority, losing an election, can break up the government rather than accept the results of the election, free government is impossible. If the only alternatives to rule by a Constitutional majority, I say, Constitutional majority, a majority formed under the rules of the Constitution with minority rights secured. There were no examples of the Republicans doing anything to prevent the opposition from having freedom of speech, freedom of press, freedom of association. There was a great deal of interference with those rights in the Southern states. But they lost the election according to their own rights. And Lincoln said that if people can break up the government rather than accept the results of a fairly conducted election, then the only alternatives are anarchy or tyranny. What is to prevent, he said, anyone of the states seceding from any future union?”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

People , Freedom , Future

“Well, Douglas became the leader of the Republicans in the struggle in Congress to defeat the Lecompton Constitution, and he succeeded. And from becoming the antichrist of the anti-slavery movement, he became the savior. And many people in the Republican Party wanted Lincoln and the Republicans in Illinois to support Douglas for reelection.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

People , Support

“Now, there were many reasons why the south did not appeal to the right of revolution. One reason was that there were no abuses that they had been subject to, comparable to the ones enumerated in the Declaration of Independence. Lincoln, in his inaugural address, said that there was not a single constitutional right which anybody could point to, to say that that had been violated. They were exercising this right as something that was to their pleasure, for their own purposes, but that had nothing to do with the Constitution, and yet they were claiming it as a Constitutional right to withdraw from the Union.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Pleasure , Exercises

“But all those same resolutions said that, in the Declaration of the Union, the internal police of each colony should be recognized as binding. In other words, the origins of American dual federalism are to be found in the resolutions of the revolutionary assemblies authorizing the Continental Congress to declare independence. They declared independence and union together, and there was never any time in which any state acted on the international sphere, having diplomatic relations—and the Constitution itself forbids each state to have any diplomatic action. They could not act independently of the other states in the international arena.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Time

“The American Revolution and the Civil War were not merely discrete events. They constitute the first and last acts of a single drama. The fourscore and seven years between the Declaration of Independence and the Gettysburg Address comprehended the action of a tremendous world-historical tragedy.”

Harry V. Jaffa

How to Think about the American Revolution: A Bicentennial Cerebration https://books.google.com/books?id=iKGGAAAAMAAJ (1978) p. 53
Also quoted in Vindicating the Founders https://books.google.com/books?id=DjlpSl-x1gMC, by Thomas G. West, p. 32
1970s

War , World

“Now, during the Civil War, Lincoln did endorse a program of compensated emancipation. In his 1862 message to Congress, he proposed a series of Constitutional amendments that would have authorized the Federal government to reimburse states that adopted programs of compensated emancipation. He was very anxious. This was before the Emancipation Proclamation, the final one, was issued on January 1, 1863.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

War

“Well, it’s not clear how persuasive this argument was in Illinois, but it was persuasive in Mississippi and Alabama and Florida and South Carolina, which said, 'Well, Lincoln’s right. This man Douglas is denying us our Constitutional rights'. And as a result of that, it was Lincoln’s cleverness in the debates which split the Democratic convention in 1860, and this is what in fact elected Abraham Lincoln. But it was the rebellion against Douglas, not against Lincoln, which precipitated the whole secessionist movement.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

“Three years later in the contest for Kansas, the administration headed by James Buchanan tried to railroad through a constitution called the Lecompton Constitution, which would have made Kansas a slave state, but on the basis of a phony vote. Douglas stuck to his popular-sovereignty doctrine, which meant that the people of the territory, in a fair vote, would decide for or against slavery. That was the way in which he replaced the Missouri Compromise restriction. It opened slavery, but it said that the decision in each territory would be made by the people in that territory on the basis of their preferences.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

People , Way , Decision

“The 43rd Federalist deals definitively with this question. There was no question but that the Constitutional Convention, simply as a convention, had no authority of any kind. It did not form a government. But it said that the ratification of nine states shall then bring this new government into existence. The Congress of the Confederation transmitted the results to the country, the ratifications took place, and the government came into existence.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Question , Country

“The idea of liberty, or the liberty which is a blessing, being an emancipation of the passions from moral restraint had no place in the constitutional doctrine of the novus ordo seclorum. The liberty which is a blessing must be good for the one who possesses it. It must therefore be a good in the sight of God, who is the source of blessings. Such a good must point to felicity, whether in this world or the next, as its consummation. By calling the advantages of liberty "blessings," the Constitution, which in certain respects makes perhaps the most radical break in all human history with all that has gone before it, nonetheless, in its understanding of the connection between happiness and virtue, aligns itself decisively with traditional moral philosophy and moral theology.”

Harry V. Jaffa

2000s, The American Founding as the Best Regime (2002)

God , World , History , Idea

“[S]laves are never referred to in the Constitution as anything but 'persons', a characterization that is perfectly neutral as to race or sex. That some of these persons were slaves was something arising from state law, not from the Constitution itself.”

Harry V. Jaffa

Source: 2000s, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War (2000), p. 211

Law , Sex , Personality

“But once we have reached this agreement and we then elect a government and that government functions—and the election for that government is one in which there’s freedom of speech, freedom of the press, freedom of association, so that it is a legitimate government—then that government commands our obedience. We have no right to reject our duty to obey because we don’t like the result of the election—provided the election is conducted fairly and Constitutional rights are observed.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Freedom

“The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the change it effected in antecedent constitutional law. Taney's opinion in Dred Scott was still in effect as the Civil War came to an end. By it Negroes, whether free or slave, could not be citizens of the United States. Although the 13th Amendment abolished slavery, it did not settle the question of Negro citizenship. This was however decided by the opening sentence of the 14th Amendment. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The intent of this sentence could however be frustrated if it were possible to make distinctions within citizenship, by which some citizens would have more rights, and others less. It was to prevent this that the Amendment went on to declare that "No State shall… deny to any person within its jurisdiction the equal protection of the laws."”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)

War , People , Law , Question

“Every human good we enjoy today is, directly or indirectly, a legacy from what the Founders wrought, and Lincoln preserved. That legacy was formed by what the American Founders called an experiment in free government, at the heart of which is a simple, yet radical idea; that under the laws of nature and of nature's God, all men are created equal. From this idea, and this idea alone, flow all the precepts of free government. If all men are created equal, it is unjust for one man to rule another without his consent. If men possess rights by nature, the purpose of government is to protect our natural liberty. As we know the purpose of government we know also of its limitations, and so we limit the power of government by writing a constitution, and requiring the government as well as citizens to live under the rule of law- laws which must be consented to by the citizens in order to be legitimate.”

Harry V. Jaffa

2000s, Before In History (2004)

Men , God , Law , Idea

“A parallel case was the Fugitive Slave Act. Article IV of the Constitution says that any person held to the service or laborer in any state escaping to another state shall not be discharged from such service or labor, but shall be returned to the one to whom the service or labor is due. This is the Fugitive Slave Clause of the Constitution.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

Personality

“In 1860, the South did not appeal to the right of revolution. They appealed to a right of secession, which they claim to be a Constitutional right under the Constitution itself. In 1776, the colonists did not claim that in breaking with Great Britain they were exercising a right granted by the British Constitution. They had conducted their struggle until that moment by appealing it through the British constitution. But when they decided on independence, they appealed instead to the laws of nature and of nature’s God.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

God , Law , Exercises , Nature

“The 14th Amendment was intended to drive a stake through the heart of Dred Scott. The heart of that opinion consisted in the assertion that Negroes were so far inferior that they had no rights which white men were bound to respect. This meant that as far as the Constitution was concerned, the distance between whites and blacks was no less than the distance between whites and any other inferior species. A white man had the same right to rule a Negro as he had to rule dog or a horse. Hence according to Taney blacks were not and could not have been included in the proposition "that all men are created equal." Whether or not they were intended to be so included was among the questions most fiercely debated by Lincoln and Douglas.”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)

Men , Dogs , Question , Heart

“And so, the idea of slave property contradicts the idea of private property, and the Southerners taking their stand on their property rights and their slaves were, in fact, taking their stand on a principle which was incompatible with the idea of constitutional government.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Idea

“That moral order, we know, encompasses, beside the right to life, liberty, and the pursuit of happiness, many other rights, as for example the right to the free exercise of religion, to freedom of speech and of the press, and to freedom of association. These are rights antecedent to the political process-rights that do not depend upon majority will-rights that majorities may not violate. They are all features of the moral "laws of nature and of nature's God." Clearly, the implications of the President's endorsement of the idea of a moral order, antecedent to all positive law, including the law of the Constitution, go far beyond the debate over abortion.”

Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

Life , God , Religion , Law