“The several points of the Dred Scott decision, in connection with Senator Douglas's "care-not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The working points of that machinery are: (1) That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro in every possible event of the benefit of that provision of the United States Constitution which declares that "the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States." (2) That, "subject to the Constitution of the United States," neither Congress nor a territorial legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus enhance the chances of permanency to the institution through all the future. (3) That whether the holding a negro in actual slavery in a free State makes him free as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made not to be pressed immediately, but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do with any other one or one thousand slaves in Illinois or in any other free State.”

— Abraham Lincoln

1850s, The House Divided speech (1858)

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Abraham Lincoln 618

16th President of the United States 1809–1865

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“I believe, the Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott”

George William Curtis (1824–1892) American writer

1850s, The Present Aspect of the Slavery Question (1859)
Context: Our fathers, therefore, were fully alive to the scope of their words and their work; and thus, as I believe, the Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott as absolutely as it does that of the President, of the Chief Justice, or of any Senator of the United States. I think I have not unfairly stated the spirit of the age, the sentiments of the fathers, and the original doctrine of this government upon the question of slavery. The system was recognized by law, but it was considered an evil which Time was surely removing. And, as if to put this question at rest forever, to show that the framers of this government did not look forward to a continuance of slavery, Mr. Stephens of Georgia, the most sagacious of the living slavery leaders, says, in June of this year, 'The leading public men of the South, in our early history, were almost all against it. Jefferson was against it. This I freely admit, when the authority of their names is cited. It was a question which they did not, and perhaps could not, thoroughly understand at that time'.

“Lincoln maintains there that the Declaration of Independence asserts that the negro is equal to the white man, and that under Divine law, and if he believes so it was rational for him to advocate negro citizenship, which, when allowed, puts the negro on an equality under the law. I say to you in all frankness, gentlemen, that in my opinion a negro is not a citizen, cannot be, and ought not to be, under the Constitution of the United States. I will not even qualify my opinion to meet the declaration of one of the Judges of the Supreme Court in the Dred Scott case, “that a negro descended from African parents, who was imported into this country as a slave is not a citizen, and cannot be.” I say that this Government was established on the white basis. It was made by white men, for the benefit of white men and their posterity forever, and never should be administered by any except white men. I declare that a negro ought not to be a citizen, whether his parents were imported into this country as slaves or not, or whether or not he was born here. It does not depend upon the place a negro’s parents were born, or whether they were slaves or not, but upon the fact that he is a negro, belonging to a race incapable of self-government, and for that reason ought not to be on an equality with white men.”

Stephen A. Douglas (1813–1861) American politician

Fourth Lincoln-Douglass Debate http://www.nps.gov/liho/learn/historyculture/debate4.htm (September 1858)
1850s

“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

“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 (1918–2015) American historian and collegiate professor

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

“…the white man is being systematically indoctrinated into believing that he is guilty of enslaving and abusing the Negro. Granted that some Negroes were mistreated as slaves, the fact still remains that nowhere in all history or in the world today has the Negro been better off. The life expectancy of the Negro increased when he was transported to America. He was not taken from freedom into slavery, but from a vicious slavery to degenerate chiefs to a generally benevolent slavery in the United States. There is not the slightest evidence that any American Negro had ever lived in a "free society" in Africa; even the idea did not exist in Africa. The move from Africa to America was a vast increase of freedom for the Negro, materially and spiritually as well as personally. The Negroes were sold from a harsh slavery into a milder one. Slavery was basic to the African way of life, to the point that slaves were the actual money of the African economy. Elsewhere, gold and silver served as money; in Africa, it was slaves…”

Rousas John Rushdoony (1916–2001) American theologian

Source: Writings, Politics of Guilt and Pity (1978), pp. 3-4

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, no man will ever be President of the United States who spells 'negro' with two gs.”

William H. Seward (1801–1872) American lawyer and politician

A retort to Stephen A. Douglas on the Senate floor, after the Illinois senator used an offensive slur in a speech. As quoted in Team of Rivals (2006), by Doris Kearns Goodwin (New York: Simon and Schuster), p. 163.

“While the opinion of the court, by Chief-Justice Taney, in the Dred Scott case and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it.”

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

1850s, The House Divided speech (1858)

“The purpose of this book is to legitimate the administrative state in terms of constitutional principle… Because public administrators at virtually all levels of government take an oath to uphold the Constitution of the United States, this neglect deprives the profession of the opportunity to consider an important normative foundation for its activities.”

John Rohr (1934–2011) American political scientist

Source: To run a constitution, 1986, p. ix

“Every discrimination against women in the constitutions and laws of the several States is today null and void, precisely as in every one against Negroes.”

Susan B. Anthony (1820–1906) American women's rights activist

Woman's Rights to the Suffrage Speech (1873)

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Abraham Lincoln 618

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