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What Caused the Civil War?

What was the Origin of the Civil War?

What Caused the American Civil War?

What were the Causes of the Civil War?

Introduction

War and Euphemisms

WHAT is the difference between a war, a surgical strike, humanitarian mission (with the employment of bombs and missiles as part of the mission), aiding the so-called freedom fighters (by also using bombs and missiles), limited military action, and suppressing a rebellion?

A few ways to look at it

1) Any nation or party on the receiving end of any of the above scenarios is in a position to consider it an act of war. The nation or party under attack may very well declare war, or a formal declaration of war against the nation that attacked it, and subsequently does it convert from a humanitarian mission or limited military action to a "war" for or by both parties?

Or

2) The stated phrases are merely euphemisms for war.

What Caused the Civil War?

The Civil War caused more than 620,000 deaths, which was 2% of the U.S. population. The conflict produced more deaths than all previous U.S. wars combined. Even a brief introduction to the U.S. Civil War will prompt the student to ask, why was the Civil War fought? There are, however, two dominant positions: 1) slavery caused the Civil War, or 2) states' rights caused the Civil War.

In law, in debate, and in history we should view every subject in context and strive to examine as many facts as possible before arriving at any conclusion. When there are numerous facts available, it is prudent to avoid one or two documents or statements to support one's bias. Speculation and conjecture should be avoided, while the witnesses and their respective testimonies should be admitted and examined.

"The most controversial question about the conflict that claimed more than 620,000 American lives is 'What Caused the Civil War?'"

A quick overview is to reference the question to its era and participants. On one hand, we have the position that slavery was the only cause of the Civil War. On the other hand, we have the position that states' rights caused the Civil War. The argument for states' rights, as derived from the Tenth Amendment, includes the right for the state to secede from the Union. Secession was a direct challenge of state government verses national government. The Tenth Amendment, part of the Bill of Rights to the United States Constitution, was ratified on December 15, 1791, and it states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The major participants during the Civil War were the state governments, the national government, and the president, so we will begin by discussing and defining the roles and responsibilities of each participant.

Who is the final arbiter when there are differences, disagreements, and conflicts between state governments and Federal government?

The United States Supreme Court is the final arbiter in interpreting the U.S. Constitution and which law or government action violated it.

The Constitution established the Supreme Court as the highest court in the United States. The authority of the Court originates from Article III of the U.S. Constitution.

One of the Supreme Court’s most important responsibilities is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This is known as judicial review and enables the Court to invalidate both federal and state laws when they conflict with the Constitution. Since the Supreme Court stands as the ultimate authority in constitutional interpretation, its decisions can be changed only by another Supreme Court decision or by a constitutional amendment.

Judicial review puts the Supreme Court in a pivotal role in the American political system, making it the referee in disputes among various branches of the Federal, as well as state governments, and as the ultimate authority for many of the most important issues in the country.

The Supreme Court exercises complete authority over the federal courts, but it has only limited power over state courts. The Court has the final word on cases heard by federal courts, and it writes procedures that these courts must follow. All federal courts must abide by the Supreme Court’s interpretation of federal laws and the Constitution of the United States. The Supreme Court’s interpretations of federal law and the Constitution also apply to the state courts, but the Court cannot interpret state law or issues arising under state constitutions, and it does not supervise state court operations. See also President Abraham Lincoln and War Powers.

What caused the Civil War?

President Abraham Lincoln

(Left) Abraham Lincoln was a strong proponent of the Union and he thought secession unlawful and that it was also his oath as president, as well as his constitutional duty, to preserve it at all cost. The U.S. Supreme Court, according to Article III of the U.S. Constitution, however, stands as the ultimate authority in constitutional interpretation. The Supreme Court had exclusivity and sole responsibility to interpret the Constitution as it related to secession, while the office of the president and the executive branch is not reserved that right or power. Lincoln, nevertheless, thought otherwise.

A fair question is whether or not there is a person or party responsible for the Civil War? Or, is there culpability?

Question: Who was commander-in-chief and chief executive for the nation prior to and during the Civil War? In other words, who was responsible for the United States at that time?

Answer: President Abraham Lincoln

Question: What are the responsibilities and duties of the President of the United States as chief executive for the nation as well as commander-in-chief of the United States military?

Answer: The powers of the President of the United States are set forth in Article II of the Constitution. The President is the head of the executive branch and his job is to approve the laws that Congress creates. When the Senate and the House approve a bill, they send it to the President. If he agrees with the law, he signs it and the law goes into effect. The Supreme Court, not the President, decides if a law or government action violates the Constitution.

If the President does not like a bill, he can refuse to sign it. When he does this, it is called a veto. If the President vetoes a bill, it will most likely never become a law. Congress can override a veto, but to do so two-thirds of the Members of Congress must vote against the President.

Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him.

In addition to playing a key role in the lawmaking process, the President has several duties. He serves as the American Head of State, meaning that he meets with the leaders of other countries and can make treaties with them. However, the Senate must approve any treaty before it becomes official.

The President is also the Chief of the Government. That means that he is technically the boss of every government worker.

Also, the President is the official head, known as commander-in-chief, of the U.S. military. He can authorize the use of troops overseas without declaring war. To officially declare war, though, he must get the approval of the Congress.

What are the responsibilities and duties of the President of the United States?

The President is the head of the Executive Branch. The powers of the President of the United States are set forth in Article II of the Constitution. Some of these powers the President can exercise in his own right, without formal legislative approval. Others require the consent of the Senate or Congress as a whole. The following is a list of duties of the President of the United States:

National Security Powers:

Serves as the Commander-in-Chief of the armed forces. He can authorize the use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress.
Makes treaties with other nations; however, the Senate must approve any treaty before it becomes official.
Nominates ambassadors, with the agreement of a majority of the Senate.
Receives ambassadors of other nations, thereby recognizing those lands as official countries.

Legislative Powers:

Presents information on the state of the union to Congress.
Recommends legislation to Congress. Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him.
Convenes both houses of Congress in special sessions.
Approves laws passed by Congress.

Administrative Powers:

"Take care that the laws be faithfully executed" -- Article II, Section 3
Appoints the heads of each Executive Branch department as Chief of the Government. He also appoints ambassadors, Supreme Court Justices, and other officials, with the agreement of the majority of the Senate.
Requests written opinions of administrative officials.
Fills administrative vacancies during congressional recesses.

Judicial Powers:

Grants reprieves and pardons for Federal crimes (except impeachment).
Appoints Federal judges, with the agreement of the majority of the Senate.

Will you explain national versus state government?

The first type of government in America was based primarily on state government. Prior to the signing of the Constitution, America had been comprised of thirteen colonies, which had been ruled by England. Following the Revolutionary War, these colonies, although they had formed a league of friendship under the Articles of Confederation, basically governed themselves. They feared a strong central government like the one they lived with under England's rule. However, it was soon discovered that this weak form of state government could not survive and so the Constitution was drafted. The Constitution:

defines and limits the power of the national government,
defines the relationship between the national government and individual state governments, and
guarantees the rights of the citizens of the United States.

This time, it was decided that a government system based on federalism would be established. In other words, power is shared between the national and state (local) governments. The opposite of this system of government is a centralized government, such as in France and Great Britain, where the national government maintains all power.

Sharing power between the national government and state governments allows us to enjoy the benefits of diversity and unity. For example, the national government may set a uniform currency system. Could you imagine having 50 different types of coins, each with a different value? You would need to take along a calculator to go shopping in another state. By setting up a national policy, the system is fair to everyone and the states do not have to bear the heavy burden of regulating their currency.

On the other hand, issues such as the death penalty have been left up to the individual states. The decision whether or not to have a death penalty, depends on that state's history, needs, and philosophies.

What are the exclusive powers of the national (aka federal) government and state governments?

National Government	State Governments
Print money Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Declare war Provide an army and navy Establish post offices Make laws necessary and proper to carry out the these powers	Issue licenses Regulate intrastate (within the state) businesses Conduct elections Establish local governments Ratify amendments to the Constitution Take measures for public health and safety May exert powers the Constitution does not delegate to the national government or prohibit the states from using

What powers are denied to the national government and state governments?

National Government	State Governments
May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries	May not enter into treaties with other countries May not print money May not tax imports or exports May not Impair obligations of contracts May not suspend a person's rights without due process

What are the branches of national government and a brief description of their responsibilities?

The delegates to the Constitutional Convention faced a difficult challenge. They wanted to ensure a strong, cohesive central government, yet they also wanted to ensure that no individual or small group in the government would become too powerful. Because of the colonies’ experience under the British monarchy, the delegates wanted to avoid giving any one person or group absolute control in government. Under the Articles of Confederation, the government had lacked centralization, and the delegates did not want to have that problem again. To solve these problems, the delegates to the Constitutional Convention created a government with three separate branches, each with its own distinct powers. This system would establish a strong central government, while insuring a balance of power.

Governmental power and functions in the United States rest in three branches of government: the legislative, judicial, and executive. Article 1 of the Constitution defines the legislative branch and vests power to legislate in the Congress of the United States. The executive powers of the President are defined in Article 2. Article 3 places judicial power in the hands of one Supreme Court and inferior courts as Congress sees necessary to establish.

Though in this system of a "separation of powers" each branch operates independently of the others. However, there are built in "checks and balances" to prevent tyrannous concentration of power in any one branch and to protect the rights and liberties of citizens. For example, the President can veto bills approved by Congress and the President nominates individuals to serve in the Federal judiciary; the Supreme Court can declare a law enacted by Congress or an action by the President unconstitutional; and Congress can impeach the President and Federal court justices and judges.

Executive Branch

When the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government. This was very different from any form of government in Europe and caused much debate. The delegates were afraid of what too much power in the hands of one person might lead to. In the end, with a system of checks and balances included in the Constitution, a single president to manage the executive branch of government was adopted.

The executive branch of Government enforces the laws of the land. When George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The President receives this help from the Vice President, department heads (Cabinet members), heads of independent agencies, and executive agencies. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions.

The Legislative Branch

The legislative branch of government has the authority to make laws for the nation. It was established in Article I of the Constitution with the creation of Congress.

Congress is bicameral, that is, it is composed of two chambers, the Senate and the House of Representatives. This system was created by the Founding Fathers after much debate. Delegates to the Constitutional Convention from larger and more populated states wanted congressional representation to be based upon population. Fearing domination, delegates from smaller states wanted equal representation. The Great Compromise resulted in the creation of two houses, with representation based on population in one and with equal representation in the other.

Judicial Branch

The judicial branch of government is established in Article III of the Constitution with the creation of the Supreme Court. This court is the highest court in the country and is empowered with the judicial powers of the government. There are lower Federal courts but they were not created by the Constitution. Rather, Congress deemed them necessary and established them using power granted from the Constitution. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. A court's authority to decide constitutionality is called judicial review.

What are additional differences between state governments and national government?

The Tenth Amendment to the Constitution states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

State governments have their own constitutions, similar to that of the national Constitution; however, the laws made in individual states cannot conflict with the national Constitution. The state constitutions all differ because each state has unique histories, needs, philosophies, and geography.

During the first 100 years of United States history, the states did most of the governing that directly affected the people. The national government mainly concentrated on foreign affairs. This is known as "dual federalism," where each level of government controlled its own sphere. However, during this time a rift began to form between the two over the issue of who had sovereignty that would culminate in the Civil War.

Southern Secession Map

What Caused the Civil War?

Did President Abraham Lincoln ever state what caused the Civil War?

President Lincoln stated concisely that secession caused the Civil War, and he believed and thought that secession was unlawful.

On April 15, 1861, responding to the secession of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, Lincoln issued his proclamation on the subject and affirmed that the "laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law. Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations [suppress and force the combination of seven Southern states that seceded back into the Union], and to cause the laws to be duly executed."

Lincoln proclaimed the why, the motive, the reason, the cause that the Union was going to war - secession. The "said combinations," in Lincoln's own words, were the secession of the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas. Lincoln affirmed explicitly that he was determined to raise an army and suppress secession in the Southern states.

Regarding what caused the Civil War (aka Causes of the Civil War), the President of the United States -- as commander-in-chief and chief executive -- declared that the sole cause of the Civil War was secession. Lincoln, by assuming absolute and ultimate authority, chose war to suppress what he deemed a rebellion in the Southern states. If the South embraced and espoused slavery and if the South stated that the institution, alone, justified war, it was ultimately the President of the United States, possessing absolute responsibility and duty as chief executive for the nation, who, to the contrary, declared war on the South because of secession. As President, Lincoln declared that the South was guilty only of rebellion, and, without the consent of Congress and contrary to pleas from the Supreme Court, Lincoln raised an army and subsequently invaded the Southern states. Moreover, the decision to declare war or to "suppress a rebellion," and to state what caused the Civil War, was proclaimed by President Abraham Lincoln himself; and he stated his position for war plainly. See also Abraham Lincoln on Causes of the Civil War and Secession.

Prior to April 15, 1861, seven Southern states, South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana and Texas, had seceded from the Union. On April 15, 1861, Lincoln stated in his Call For Troops that the only cause of the Civil War was secession in the Southern states, and that troops were being called upon in order to "suppress the rebellion" and force the states back into the Union. Just 2 days after Lincoln's Call for Troops to raise an army and invade the South, Virginia seceded (April 17), followed by Arkansas, North Carolina and Tennessee. Kentucky, meanwhile, refused to recruit a single soldier for Lincoln's "wicked cause," and Maryland, a free state, was invaded by U.S. troops and placed under martial law, while Delaware, though of divided loyalty, did not attempt it. In Missouri, on October 31, 1861, a pro-CSA remnant of the General Assembly met and passed an ordinance of secession.

Did President Abraham Lincoln ever state that slavery caused the Civil War?

No. Lincoln never stated publicly or in any document that abolishing the institution of slavery was why he called upon the troops to suppress the rebellion in the seceded states, or to free the slaves was the cause of the Civil War. Lincoln stated that the Southern states had seceded, and he was determined to suppress it, secession, and force the states back into the Union. According to the president, secession was the only cause of the Civil War.

So, was Abraham Lincoln responsible for the Civil War?

The South was culpable in that its secession directly influenced Lincoln's decision, albeit an unconstitutional decision, for Civil War. According to President Lincoln's own proclamation, he, as chief executive for the United States and commander-in-chief for the nation's military, raised an army, in his Call For Troops, and went to war, to Civil War, in his own words: to suppress the rebellion in the seceded states in the South. So Southern secession caused the Civil War, but Lincoln as chief executive and commander-in-chief assumed sole responsibility by raising an army and invading the Southern states. See also Secession and Why did the Southern States Secede.

Why didn't the Supreme Court interpret the Constitution and address secession?

Because President Lincoln thought otherwise, and he also opined and stated that: "Now, therefore, I, Abraham Lincoln, President of the United States in virtue of the power in me vested by the Constitution and the laws, have "thought" [emphasis mine] fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed."

With the preceding proclamation by Lincoln, the president not only overstepped his executive power (Article II of the Constitution) by interpreting the Constitution (according to Article III the Supreme Court interprets the Constitution), but Lincoln also mobilized a massive army and marched it deep into the Southern states, fought a four year war without congressional approval (violation of Article I, Section 8, Clause 11), and caused the greatest loss of life in the history of the United States.

Lincoln's comment that "the power in me vested by the Constitution and the laws, [I] have thought..." is most troublesome, since no such power was vested in him by the Constitution, period. Article II of the Constitution does not, furthermore, vest that power in the office of the presidency.

Separation of Powers and checks and balances, nevertheless, according to Lincoln, were meaningless because, as president, he "thought" that he held the ultimate authority and power to interpret the Constitution, and that his "thought" was final, even though, according to Article III of the Constitution, he had no constitutional right or power to act. Lincoln would also suspend the writ of habeas corpus, impose martial law, and imprison thousands without due process, even when, according to the Chief Justice, Lincoln had no authority to do so.

Article III of the Constitution states emphatically that the "Supreme Court stands as the ultimate authority in constitutional interpretation."

The Constitution established the Supreme Court as the highest court in the United States, and one of the Supreme Court’s most important responsibilities is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This is known as judicial review and enables the Court to invalidate both federal and state laws when they conflict with the Constitution. Since the Supreme Court stands as the ultimate authority in constitutional interpretation, its decisions can be changed only by another Supreme Court decision or by a constitutional amendment.

If secession was constitutional or unconstitutional then it was the Supreme Court, through judicial review, who should have addressed it. See also President Abraham Lincoln and War Powers.