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" "There is a further and deeper reason why colonization failed and why all subsequent attempts to return Americans of African descent to Africa, even those originating solely within the black community, have failed. The reason is that the overwhelming majority of these Americans regard their destiny to be in the United States. They were, after all, sold into slavery originally by black tribesmen, who captured them in order to sell them, and who slaughtered the ones they did not sell. No resent of slavery, however profound, engendered any love of a mythical African homeland. To have asked them to return to Africa was not unlike asking American Jews whose parents or grandparents fled czarist or Stalinist tyranny to return to Russia. However involuntary their emigration from Africa, American Negroes, whether free or slave, have always seen America itself as the promised land. Both Christianity and the Declaration of Independence embodied promise to all men. They saw no better or equal hope anywhere else, and certainly not in Africa. The truth is that the slaves, ignorant and illiterate as they may have seemed, were far from unintelligent. The Bible that they heard about, even if they were not allowed to read it, contained stories that convinced them that the same God that had freed the children of Israel would free them. Jefferson Davis might have thought this to be mere credulity. Yet it certainly compared favorably with his own absurd reading of the story of Noah.
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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Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)
The 43rd Federalist deals definitively with this question. There was no question but that the Constitutional Convention, simply as a convention, had no authority of any kind. It did not form a government. But it said that the ratification of nine states shall then bring this new government into existence. The Congress of the Confederation transmitted the results to the country, the ratifications took place, and the government came into existence.
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The President's Proclamation is in direct contradiction of the legal positivism reigning in the legal profession, a positivism held no less tenaciously by conservatives than liberals, a positivism that denies all constitutional status to the principles of the Declaration of Independence. The contrast between the President's Proclamation and this positivism reveals a profound alienation from the principles of the American Founding among our nation's intellectual elites.