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The systems of governance pre-ACW and post-ACW were two distinct systems. The pre-ACW was essentially two competing systems of power duct-taped together with th
by gen220 2y ago
The systems of governance pre-ACW and post-ACW were two distinct systems. The pre-ACW was essentially two competing systems of power duct-taped together with the 3/5ths amendment. The post-ACW was one dominant system of power that had beaten another into submission and annexation.
The 3/5ths compromise, and its implicit enshrinement of slavery as an American institution, is as an example of short-term thinking (compromising on the legal definition of a human being, in order to get the constitution ratified) that eventually caused the greater system to unravel. Hundreds of thousands of people died in the civil war, millions of people experienced slavery. It could have been avoided if longer-term thinking prevailed.
I hear you that the Constitution (inclusive of its self-mutating property) survived as a useful document of federal governance. This purported maintenance of a federal union was a huge legitimizer of northern domination of the post-ACW United States. But, I think you'd agree that the "system of governance" that begat the constitution did not survive, that's more what I was getting at. That each successive system of governance can still legitimately claim to be implementing the U.S. Constitution is indeed impressive.
- ViktorRay 2y agoAh I see what you’re saying. That makes sense. I am not a lawyer but many years ago I read about the following doctrine. https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R... Basically prior to the American Civil War the Bill of Rights was considered to only apply to the Federal government and not the state governments. After the Civil War, the US Supreme Court interpreted the 14th amendment such that overtime all the amendments of the Bill of Rights were considered to apply to the states as well. So what you are saying about one system being dominant over the other system (Federal government being dominant over the state governments) makes sense and it is something that seems to have happened more extensively after the Civil War.