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" "The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the change it effected in antecedent constitutional law. Taney's opinion in Dred Scott was still in effect as the Civil War came to an end. By it Negroes, whether free or slave, could not be citizens of the United States. Although the 13th Amendment abolished slavery, it did not settle the question of Negro citizenship. This was however decided by the opening sentence of the 14th Amendment. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The intent of this sentence could however be frustrated if it were possible to make distinctions within citizenship, by which some citizens would have more rights, and others less. It was to prevent this that the Amendment went on to declare that "No State shall... deny to any person within its jurisdiction the equal protection of the laws."
Harry Victor Jaffa (7 October 1918 – 10 January 2015) was an American historian, writer, and collegiate professor from New York City, known for his writings on the American Civil War.
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Now there’s document on a subject of states' rights and states' sovereignty which is very seldom cited but which is absolutely fundamental to understanding the status of sovereignty under the Constitution: the letter that George Washington wrote transmitting the new Constitution to the Congress on September 17, 1787. And among the ironies of this letter is the fact that John C. Calhoun in his Discourse on the Constitution and Government of the United States, the sequel to his Disquisition on Government, cites the words that Washington used to support his position that this was a federal government, and that “federal” meant one in which the constituent parts retains complete sovereignty. And he refers to the fact that Washington refers to “the federal government of these States.”
Now, Lincoln' position was consistent throughout the debates. A great deal is said—Dr. DiLorenzo says it, but it's been said countless times before—that Lincoln used racist language in the debates. That’s not true. Now what Lincoln argued for in the debates was the recognition of the natural rights of black people, when Douglas said that if the people of Nebraska are good enough to govern themselves, they certainly are good enough to govern a few miserable Negroes. And Lincoln replied by saying, "I doubt not that the people of Nebraska are as good as the average of people elsewhere, what I say is that no man is good enough to govern another without his consent."
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This remarkable address conveys, more than any other contemporary document, not only the soul of the Confederacy but also of that Jim Crow South that arose from the ashes of the Confederacy. From the end of Reconstruction until after World War II, the idea of racial inequality gripped the territory of the former Confederacy, and not only of the former Confederacy, more profoundly than it had done under slavery. Nor is its influence by any means at an end. Stephens's prophecy of the Confederacy's future resembles nothing so much as Hitler's prophecies of the Thousand-Year Reich. Nor are their theories very different. Stephens, unlike Hitler, spoke only of one particular race as inferior. But the principle of racial domination, once established, can easily be extended to fit the convenience of the self-anointed master race or class, whoever it may be.