Harry V. Jaffa quote: “Now, Lincoln said to Douglas, if you accept that Taney’s opinion that slavery is expressly affirmed in the Constitution…”

“Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.
2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

“Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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

“An inspection of the Constitution will show that the right of property in a slave is not "distinctly and expressly affirmed" in it.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Cooper Union speech (1860)

“And Lincoln said that if you believe in the Fugitive Slave Act being required by Article IV, you must also believe that the protection of the slave owner and the territories deserves federal protection; the two arguments were perfectly parallel. Douglas said it didn’t matter how the Supreme Court in the abstract decided the question of slavery in the territories; if the slave owner went to the territory, he had to get local regulations to protect his property.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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

“But the Fugitive Slave Clause is in the Constitution, and Lincoln thought that any refusal to implement the right clearly defined in the Constitution would justify secession. You can't pick and choose which parts of the Constitution you like. Once you do that, then the Constitution is simply, as Jefferson said once, "a blank sheet of paper."”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A
Context: DiLorenzo thinks that it is a reflection on Lincoln's anti-slavery character that he supported the Fugitive Slave Act. But the Fugitive Slave Clause is in the Constitution, and Lincoln thought that any refusal to implement the right clearly defined in the Constitution would justify secession. You can't pick and choose which parts of the Constitution you like. Once you do that, then the Constitution is simply, as Jefferson said once, "a blank sheet of paper." Jefferson said that when he was contemplating purchasing Louisiana. And having said that by purchasing it he would make the Constitution a blank sheet of paper, he went ahead and purchased Louisiana.