Hubert Humphrey, one of the chief authors and sponsors of the Civil Rights Act of 1964, had declared that under Title VII no discrimination on the basis of race or color was to be lawful. He explicitly said that this meant no discrimination of white against black, and no discrimination of black against white.
American historian and political philosopher (1918–2015)
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In 1860, the South did not appeal to the right of revolution. They appealed to a right of secession, which they claim to be a Constitutional right under the Constitution itself. In 1776, the colonists did not claim that in breaking with Great Britain they were exercising a right granted by the British Constitution. They had conducted their struggle until that moment by appealing it through the British constitution. But when they decided on independence, they appealed instead to the laws of nature and of nature’s God.
I think if Obama is reelected, then that'll be a disaster of immeasurable proportions. If the government takes over large segments of the economy, we will become a socialist state. The salvation of the Republican Party, and of the country and of the world, will be changing the conservative moment to reflect the principles of Abraham Lincoln. The platform on which Lincoln was elected in 1860 quoted part of the Declaration of Independence. Government is based on the consent of the governed.
You can not have free government if you can not bind the people who participate in the government to accept the results of the election. It is the exercise of our inalienable right to life that enables us, and justifies us, in forming legitimate governments. When those governments are formed, we cannot reject them because we don’t like the results.
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Douglas was a radical expansionist. Both parts of the Democratic Party in 1860 called for the annexation of Cuba. And there were 100,000 slaves in Cuba, and Cuba was the place that slaves were still being brought from Africa and then resold in the United States. So under a Douglas presidency, we would have taken over the rest of Mexico and Central America whenever we had the resources and the appetite to take to do so. You can be sure that most of the Mexicans would have either been reduced to peonage or to slavery. In the Mexican War itself, in case you don’t know it, we appropriated 60 percent of the land area of Mexico as it was then defined through the Spanish Conquest. So we increased the size of the United States by 40 percent and reduced Mexico by 60 percent.
No, on the contrary, the Constitution exists to protect that right. The important point is that the Constitution exists to protect individual liberty and individual property. In fact, the most important of all of the rights, really the foundation of all rights, are the rights to private property. But the right to private property is a right for each individual human being to own himself.
Our difficulty in pursuing a rational foreign policy in the Middle East—or anywhere else—is compounded by the fact that we ourselves, as a nation, seem to be as confused as the Iraqis concerning the possibility of non-tyrannical majority rule. We continue to enjoy the practical benefits of political institutions founded upon the convictions of our Founding Fathers and Lincoln, but there is little belief in God-given natural rights, which are antecedent to government, and which define and limit the purpose of government. Virtually no one prominent today, in the academy, in law, or on government, subscribes to such beliefs. Indeed, the climate of opinion of our intellectual elites is one of violent hostility to any notion of a rational foundation for political morality. We, in short, engaged in telling others to accept the forms of our own political institutions, without any reference to the principles or convictions that give rise to those institutions.
Yeah, I’d like to comment. In the first place, the idea that the federal government in 1860 should have offered to buy the slaves is a political absurdity. Any claim by Lincoln or his party of any jurisdiction over slavery in the states would have been regarded, and justly regarded, as completely unconstitutional, and advocating the overthrow of the Constitution.
Slavery came to the English colonies in North America in the 17th century because the colonists found themselves in possession of a vast continent, needing only cultivation to make it the homes of millions of free, prosperous, God-fearing human beings. Those who came from Europe would be refugees from the tyranny and oppression of feudalism, divine right monarchy, and religious intolerance. But converting this vast wilderness into cultivated lands required labor. It was nearly inevitable that someone would turn to tribal Africa for some, at least, of this labor. It is paradoxical but true that a large measure of the labor that turned America into a sanctuary for freedom came from slavery. The slave trade that developed between North America and the west coast of Africa is one of the great horror stories of western civilization. It resulted also from the unlimited greed of the African chiefs who enslaved their brother Africans, and then sold them to white slave traders. They in turn sold them, for vast profits, into the new world.
But all those same resolutions said that, in the Declaration of the Union, the internal police of each colony should be recognized as binding. In other words, the origins of American dual federalism are to be found in the resolutions of the revolutionary assemblies authorizing the Continental Congress to declare independence. They declared independence and union together, and there was never any time in which any state acted on the international sphere, having diplomatic relations—and the Constitution itself forbids each state to have any diplomatic action. They could not act independently of the other states in the international arena.
Much has been written about Jefferson himself being laggard, later in life, in his efforts against slavery. But in Jefferson the draftsman and spokesman for the American people in the American Revolution, the man of whom Lincoln would say that he 'was, is, and perhaps will continue to be, the most distinguished politician of our history', there was never the least equivocation as to slavery's injustice and immorality.
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Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.
And if you look at the things that are denied to the states in the Constitution, for example, they are denied the right to coin money. Now, throughout history, the right to coin money has been a symbol of sovereignty. If states do not have the right to coin money, they are not sovereign in the sense that would justify secession as a state right.
But he did want to see to it that loyal slave owners were not expropriated by his emancipation policy. But he couldn't get the Congress to adopt it. He couldn't get any Representatives, and people from Kentucky, or Missouri, or the border states to vote for it, and so he failed. This is the message to Congress which ended with those wonderful words, “Gentlemen of the Congress, we cannot escape history. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation. We shall nobly save or meanly lose the last, best hope of Earth.” Well, it failed.
Now, the issue of the Civil War as Lincoln presented it, in both his inaugural address on March 4th, and in the message to Congress in Special Session on July 4th, four months later, was in essence this. In ratifying the Constitution, each state had committed itself to accepting the results of elections conducted under the rules of the Constitution. The election of 1860 had been conducted under the rules of the Constitution. If there were any violations of those rules, it was by the Southern states in refusing to allow Republican electors on the ballot. But there was nothing that the Republican Party had done. There was nothing in the electoral procedures of the free states, or, for that matter, of the slave states with this exception which justified anyone in saying that the results of this election were not Constitutional results.