“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.”

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

1850s, The House Divided speech (1858)

Harry V. Jaffa photo
Harry V. Jaffa photo
Harry V. Jaffa photo
Harry V. Jaffa photo

“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

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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'.

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“They believe that the Congress of the United States has no power under the Constitution to interfere with the institution of slavery in the different States.”

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

1830s, Illinois House Journal (1837)

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“I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people."”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution... They are not among the powers specially enumerated...
Opinion against the constitutionality of a National Bank (1791), also quoted in The Writings of Thomas Jefferson "Memorial Edition" (20 Vols., 1903-04) edited by Andrew A. Lipscomb and Albert Ellery Bergh, Vol. 3, p. 146
1790s

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“The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”

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

Lincoln never said these words, but wrote and said some that are very similar to the above quote. As Lincoln's popularity within the Republican Party grew, he was invited to address members of his party throughout the nation. In September 1859 Lincoln gave several speeches to Ohio Republicans. The notes Lincoln used for his 1859 engagements state: "We must not disturb slavery in the states where it exists, because the Constitution, and the peace of the country both forbid us — We must not withhold an efficient fugitive slave law, because the constitution demands it — But we must, by a national policy, prevent the spread of slavery into new territories, or free states, because the constitution does not forbid us, and the general welfare does demand such prevention — We must prevent the revival of the African slave trade, because the constitution does not forbid us, and the general welfare does require the prevention — We must prevent these things being done, by either congresses or courts — The people — the people — are the rightful masters of both Congresses, and courts — not to overthrow the Constitution, but to overthrow the men who pervert it —" Source: Abraham Lincoln [September 16-17, 1859<nowiki> http://memory.loc.gov/cgi-bin/query/r?ammem/mal:@field(DOCID+@lit(d0189300))#I379</nowiki>] (Notes for Speech in Kansas and Ohio) http://memory.loc.gov/cgi-bin/ampage?collId=mal&fileName=mal1/018/0189300/malpage.db&recNum=1 in "Abraham Lincoln Papers at the Library of Congress. Series 1. General Correspondence. 1833-1916." Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois. Lincoln transformed his prior quoted notes in the following words: "I say that we must not interfere with the institution of slavery in the States where it exists, because the Constitution forbids it, and the general welfare does not require us to do so. We must not withhold an efficient Fugitive Slave law, because the Constitution requires us, as I understand it, not to withhold such a law. But we must prevent the outspreading of the institution, because neither the Constitution nor general welfare requires us to extend it. We must prevent the revival of the African slave trade, and the enacting by Congress of a Territorial slave code. We must prevent each of these things being done by either Congresses or courts. The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." Source: Speech at Cincinnati, Ohio, September 17, 1859 http://www.gutenberg.org/dirs/3/2/5/3253/3253-h/files/2657/2657-h/2657-h.htm#2H_4_0043; in "The Papers And Writings Of Abraham Lincoln, Volume Five, Constitutional Edition", edited by Arthur Brooks Lapsley and released as " The Project Gutenberg EBook of The Papers And Writings Of Abraham Lincoln, Volume Five, by Abraham Lincoln http://www.gutenberg.org/dirs/3/2/5/3253/3253-h/files/2657/2657-h/2657-h.htm" (2009) by Project Gutenberg.
Ref: en.wikiquote.org - Abraham Lincoln / Disputed
1850s

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