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. An… - Harry V. Jaffa

DiLorenzo in his book thinks that the right of secession and the right of revolution—that that's a semantic difference. Well, it was not a semantic difference, it was a fundamental difference. The right of revolution is referred to in the Declaration of Independence when it says, “Whenever any form of government becomes destructive of these ends, the people have a right to alter or abolish it, and to institute new government as to them shall seem most likely to affect their safety and happiness.” That is what has been referred to ever since as the right of revolution. It’s the right to resist intolerable oppression. It's the right to prevent anyone from being reduced under absolute despotism, which is what the Declaration of Independence says. And this Declaration gives a long catalog of the abuses, of usurpations of power practiced by the King and Parliament of Great Britain, which justified the colonies in their rebellion.

John C. Calhoun was the philosopher-king of the old south, the spiritual mentor of Stephens, Davis, and most of the political leaders of the Confederacy. Bradford and McClellan, following Willmoore Kendall, are obsessed with the utterly false notion that Lincoln was somehow responsible for the permissive egalitarianism of the contemporary welfare state. But equality as such was no less important to Calhoun than to Lincoln. It was just a different kind of equality.

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."