Eleanor Finch
The Southern viewpoint of the Constitution has been a topic of debate and has played a significant role in shaping the political landscape of the United States. Southern states, heavily reliant on slave labor and export of raw materials, viewed the Union as a compact between distinct political bodies, with sovereignty resting in the people and states rather than the federal government. This perspective clashed with Northern interpretations, leading to disputes over state sovereignty, slavery, and economic interests. Southerners feared that Northern-dominated policies would damage their economy and way of life, fueling resentment and ultimately resulting in the Civil War. The South's interpretation of the Constitution, often overlooked, remains a contentious aspect of American history and politics.
| Characteristics | Values |
|---|---|
| View of the nature of the constitution | The Union was a compact entered into by separate and distinct political bodies. |
| Sovereignty | Belongs to the people who made the government of the United States and the states, not to the government of the United States or to any state government. |
| Interpretation of the constitution | The constitution did not interfere with the sovereignty of the states, but only gave Congress more delegated powers, better organization, and machinery. |
| Commerce | Southern states were fearful that a New England-dominated Congress might severely damage the South's economic life through export taxes. |
| Slave trade | Southern states wanted to protect the slave trade and importation of slaves. |
| Compromise | Southern delegates agreed to remove a clause restricting the national government’s power to enact laws requiring goods to be shipped on American vessels in exchange for a 20-year ban on any restrictions on the Atlantic slave trade. |
| Secession | Southerners threatened to cancel their agreement to join the Union and secede unless their interests were protected. |
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What You'll Learn
The sovereignty of individual states
The Southern viewpoint of the Constitution was that the Union was a compact, entered into by separate and distinct political bodies. This meant that the government of the United States was created by the states, and all the powers of the federal government are held in trust for the states themselves. Thus, sovereignty belonged not to the federal government, but to the people who made it and to the individual states.
Southerners believed that the Constitution of the United States did not interfere with the sovereignty of the states but only gave Congress delegated powers to better organise and improve the machinery of the federal government. The composition of the Senate of the United States indicates the independence of these states, and Chief Justice Marshall declared that if all or most of the states refused to elect senators, the legislative powers of the Union would be suspended.
Southern states, being exporters of raw materials, rice, indigo, and tobacco, feared that a New England-dominated Congress might, through export taxes, severely damage the South's economic life. They believed that if Congress had the power to regulate trade, the southern states would become "nothing more than overseers for the Northern States".
The issue of slavery also played a significant role in the Southern viewpoint of the Constitution. Southern states, whose agricultural economies depended on slave labour, wanted to protect the slave trade. They argued that having ratified the Constitution and agreed to join the new nation, they retained the power to cancel the agreement if their interests were not met.
The Southern viewpoint of the Constitution has been a subject of debate and has not been fully recognised or agreed upon by historians, jurists, and students of constitutional history and law.
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The regulation of commerce
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". The interpretation and application of this clause have been a significant aspect of American federalism, with the Supreme Court playing a central role in defining its scope and limits.
The Commerce Clause has been used to justify congressional legislation and the exercise of power over state activities. It has been interpreted to mean that Congress can regulate the channels of interstate commerce, protect the instrumentalities of interstate commerce, and govern activities that substantially affect interstate commerce. This includes regulating economic activities that have a substantial impact on interstate commerce, as seen in rulings related to labour relations and civil rights.
The interpretation of the Commerce Clause has evolved over time. Early on, the Supreme Court primarily viewed it as a limitation on state power rather than a source of federal power. However, in 1937, with the Constitutional Revolution, the Court shifted its focus to protecting civil liberties and recognising broader grounds for using the clause to regulate state activity. This shift continued during the New Deal era, with the Court adopting a more cooperative view of federalism.
The exact definition of "commerce" in the clause has been debated, with some arguing it refers only to trade or exchange, while others contend that it describes broader commercial and social intercourse between citizens of different states. This ambiguity has led to ongoing controversy over the balance of power between the federal government and the states.
The Commerce Clause has been invoked in several landmark cases. For example, in Gibbons v. Ogden (1824), the broad reach of federal authority over interstate commerce was established. Cooley v. Board of Wardens (1852) affirmed states' rights to regulate local commerce when no federal legislation existed. In NLRB v. Jones & Laughlin Steel Corp (1937), the Court held that any activity with a "substantial economic effect" on interstate commerce could be regulated under the clause.
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The slave trade
The Southern viewpoint of the Constitution regarding the slave trade was largely in favour of preserving slavery. The Southern states were mostly agricultural, with economies that depended on the free labour provided by slaves. The Southern states reacted to the Constitution's provisions regarding slavery by negotiating a deal that would allow the slave trade to continue until 1808, ensuring that slaves were treated as property, and that three-fifths of the slave population would be counted as part of their overall population. This was a compromise between the Northern and Southern states, which was essential to the ratification of the Constitution and the formation of the Union.
The Three-Fifths Compromise, which counted three-fifths of a state's slave population in apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This was a concession to the Southern states, who wanted five-fifths. However, some argued that it encouraged freedom, as it gave "an increase of 'two-fifths' of political power to free over slave states". The Three-Fifths Compromise was one of four clauses used to indict the Constitution as a pro-slavery document.
The Fugitive Slave Clause, or the Fugitive Slave Law, required the return of runaway slaves to their owners. This clause was also ambiguous about who was responsible for enforcing it, and it did not give national sanction to slavery.
There were some Southerners who opposed the slave trade on principle, such as Luther Martin, George Mason, and James Madison. Martin and Mason argued that the slave trade was inconsistent with the principles of the Revolution and dishonourable to the American character. Mason also stated that every master of slaves is born a petty tyrant, and that slavery brought the judgment of Heaven on a country.
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The role of a central government
The Southern viewpoint of the Constitution during its drafting and in the years that followed was that the Union was a compact formed by separate and distinct political bodies. This meant that the government of the United States was created by the states, and all the powers of the federal government were held in trust for the states themselves. Thus, sovereignty belonged not to the federal government or any state government, but to the people who formed these governments.
The Southern view of the Constitution was that it did not interfere with the sovereignty of the states but only gave Congress delegated powers to better organise and strengthen the Union. The composition of the Senate of the United States, with two senators from each state, indicated the independence of these states. Southerners believed that, having ratified the Constitution and agreed to join the Union, they retained the power to cancel the agreement.
The Southern states, as exporters of raw materials, rice, indigo, and tobacco, feared that a New England-dominated Congress might damage the South's economic life through export taxes. This concern over economic interests was a key factor in shaping the Southern view of the role of the central government. The Southern states wanted to protect their economic interests, particularly those tied to agriculture and slavery.
The issue of slavery was central to the debate over the role of the central government. Southern states wanted to protect the slave trade and slavery, which was crucial to their economy. They argued that the federal government should not interfere with the slave trade and that it should be left to the states to regulate. The controversy over the Atlantic slave trade was settled by a compromise, with Southern delegates agreeing to a 20-year ban on restrictions in exchange for protections for the slave trade and slavery in the Constitution.
The Southern viewpoint, therefore, saw the central government's role as primarily focused on maintaining the Union, regulating commerce, and establishing uniform laws while leaving states with significant autonomy, especially regarding economic and social issues like slavery.
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Southern economic interests
The Southern viewpoint of the Constitution was that it was a compact between distinct political bodies, or states, and did not interfere with state sovereignty. The Southern states believed that the federal government was created by the states and that all its powers were held in trust for the states. This view was in opposition to that of many Northern jurists, who believed that sovereignty was held by the people of the United States as a whole, rather than by the individual states.
The Southern states, as exporters of raw materials, rice, indigo, and tobacco, were concerned about the potential economic impact of a New England-dominated Congress, which could impose export taxes that would damage the South's economy. This concern was closely linked to the issue of slavery, as the Southern states depended on slave labour in their economies. The Southern states believed that their economic interests were best served by a weak central government that would not interfere with the slave trade or regulate commerce.
The Southern states' economic interests were protected in the Constitution through several compromises. For example, in exchange for a 20-year ban on any restrictions on the Atlantic slave trade, the Southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting northeastern shipbuilders and sailors. Additionally, the notorious three-fifths clause, which counted three-fifths of a state's slave population in apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Southern states' economic interests were also reflected in their opposition to federalism and support for a more decentralized government. The Anti-federalists, as opponents of the Constitution, consisted primarily of isolated, less commercial farmers, northern manorial planters, and southern slave-owning planters, who held much of their wealth in personal property. They believed that a strong central government would interfere with their economic interests, particularly their reliance on slavery and the export of raw materials.
Overall, the Southern viewpoint of the Constitution was shaped by their economic interests, particularly the protection of slavery and the desire to maintain their economic power through the export of raw materials. The Southern states sought to maintain their sovereignty and independence from the federal government, which they believed would best serve their economic interests.
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Frequently asked questions
Southerners believed that the Union was a compact entered into by separate and distinct political bodies. They believed that the government of the United States was created by the states and that all the powers of the Federal government are held in trust for the states themselves.
The Southern viewpoint was that the Constitution of the United States did not interfere with the sovereignty of the states. They believed that sovereignty belonged to the people who made the government of the United States, and not to the government itself.
The Southern viewpoint was that the Constitution should protect the slave trade. Southern states, whose agricultural economies depended on slave labor, believed that federal meddling in the slave trade would damage their economic life.
Southerners argued that, having ratified the Constitution and joined the nation, they retained the power to cancel the agreement. They felt that the laws favored the Northern economy and were designed to slowly stifle the South. They consistently argued for states' rights and a weak federal government.
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