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Old September 15th, 2001, 06:49 PM

Cyrien Cyrien is offline
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Article I
Section 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

Article IV
Section 2 No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.


In addition to the mentioned three fifths clause.

While not explicitly or directly protected in the Constitution (beyond 1808 that is) though many politicians of the time argued that it was protected by the ratification of the Constitution by those States at the time having signed it being under Slavery and thus recieving a protection from it in addition to several clauses related to property and trade and other prohibitions that could be viewed as directly affecting slavery due to the argument they are essential to the Economy of the South and that by going the route of abolition it would show trade preference to the North.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

In such ways was it argued that the Constitution directly protected the rights of the Slave states. In any case this does not in any way affect the historical accuracy of what Lincoln ran under and what the Republican Party of the time supported, which was NOT abolition but Free Soil which would eventually and slowly lead to abolition.

EDITED

The 10th Amendment is not seen today as limiting the authority of the federal government where the exercise of its powers might interfere with those of the states. The reverse was the case, however, from the time that Roger Brooke Taney became (1836) chief justice of the Supreme Court until a century later. During that time, in famous cases such as Collector v. Day (1871), Hammer v. Dagenhart (1918), and Schechter Poultry Corporation v. United States (1935), the 10th Amendment had been cited to curtail powers of Congress.



[This message has been edited by Cyrien (edited 15 September 2001).]
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