States Rights, Slavery, Segregation, Nullification, and Racism

One misconception about federalism and State rights that needs to be addressed is racism. Most liberals are of the belief anyone who defends federalism or State rights must be a racist. State rights got a bad name during the slavery and segregation eras. Southerners tried to defend slavery and segregation by claiming they were State rights issues and the federal government should not interfere. This is wrong for the reasons that follow: • The text of the Constitution bars segregation as this book explains later on. Hence, the federal government rightly interfered over the issue of segregation because it was not a State rights issue. • Almost all of the Southerners supporting segregation were Democrats or liberals, not the Republicans they accuse of being racists. • As pointed out earlier, Democrats and liberals pursue States rights when it suits them. For example, many social issues such as marijuana and sanctuary cities (illegal immigration) are supported by liberals. In fact, liberals are okay having State laws supersede federal criminal laws over marijuana and sanctuary cities. Liberal States have vowed not to implement the Bush REAL ID. This defiant State act is called nullification. • The issue of nullification is also incorrectly seen as a Southern States’ rights issue. Nullification is a doctrine which would allow States the right to nullify federal laws they may find unconstitutional. Nullification is not the law, but States have threatened to use it throughout United States history. Nullification was a common threat used by Southerners in the face of federal desegregation or anti-slavery laws. However, nullification had its roots at the Constitutional Convention. It came up again in the Kentucky and Virginia Resolutions (1798) in response to John Adam’s Alien and Seditions Act. Originally, nullification was a Northern principle threatened by New England States in response to trade embargos and the War of 1812 during the Jefferson and Madison administrations. In 1832, South Carolina would use the nullification threat in response to a protective federal tariff that forced Southern States to buy agriculture farming products at a much higher prices. South Carolina Senator John Calhoun’s argument for nullification was at least compelling. Calhoun in his publication, “Exposition and Protest”, suggests the Constitution is a contract between States and the federal government. In the compact agreement, States yield some sovereignty but when the federal government goes beyond its enumerated powers to encroach on State sovereignty, States should be able to nullify unconstitutional laws. While some will dispute that the supremacy clause prevents States from using nullification, but the supremacy clause should only apply to Constitutional laws. In other words, the supremacy clause is not an open invitation to violate the rights of States and citizens without some compelling reason. Nullification has deep-roots in American history, not just Southern history. And nullification has deep-roots supporting many issues, not just slavery and segregation. As just mentioned, modern liberals are threatening Nullification over the Real ID law. • Most liberals incorrectly claim States rights protected slavery the first 70 years of United States history. It is a sensible argument since history books and the Smithsonian support these misguided theories. But it is wrong. On the contrary, abolitionists were supported by State rights and slavery was protected by the federal government. The Fugitive Slave Acts of 1793 and 1850 prove the federal government was pro-slavery, whereas free-States used State rights to protect runaway slaves. The Supreme Court was sympathetic to slave owners in Prigg v. Pennsylvania, Strader v. Kentucky, and Dred Scott v. Sanford. The Court rubber stamped the Fugitive Slave Acts and, of course, voided the Missouri Compromise which prohibited slavery above the 36’ 30” parallel. It was originally the North that wanted to secede from the Union over slavery. The only reason the South seceded was not because the government trampled on their States rights. It was because with Lincoln elected to the Presidency and more Republicans winning seats in Congress, the writing was on the wall that the South would no longer receive preferential treatment from the federal government over slavery. • Using racism to argue against State rights is a “strawman” or ad hominem fallacy argument. This is where people attack the character of those they are debating to avoid addressing the issue at hand. Whenever someone uses the race card, rest assured that that argument is more than likely a strawman or an ad hominem fallacy. Being called a racist is so common now, it is not just used against State rights arguments, but against anyone who votes for a Republican candidate.