Congress maintained that it was treasonable for a state to secede from the USA.
The South maintained that the USA had started as a voluntary union of states, and that any state was free to quit.
In 1861, the legality of secession was a contentious issue. Some argued that states had the right to secede from the Union, while others believed that the Constitution did not allow for secession. Ultimately, the Civil War settled the question, with the Union victory establishing that secession was not constitutional.
The Federal-State relationship
To create a foundation for government.
President elect Abraham Lincoln viewed secession as being unconstitutional. He was hesitant, however, to use force to forbid states to actually secede. On the other hand, President Buchanan also saw secession as illegal but unlike Lincoln, did not believe the federal government had the constitutional authority to use force against states that did secede.
To try to create a stronger central government
Federal Right
The secession of South Carolina from the Union
In 1861, the legality of secession was a contentious issue. Some argued that states had the right to secede from the Union, while others believed that the Constitution did not allow for secession. Ultimately, the Civil War settled the question, with the Union victory establishing that secession was not constitutional.
1834
Lincoln viewed secession as a constitutional crisis that threatened the Union, believing that states did not have the right to unilaterally withdraw from it. Conversely, Robert E. Lee recognized secession as a states' right but regarded it as an act of anarchy that undermined the nation’s unity. While both men acknowledged the concept of states' rights, their interpretations led them to fundamentally different conclusions about the legitimacy and consequences of secession.
The election of Lincoln as president.
President Jefferson Davis.
Most southerners during the secession crisis of 1860-1861 believed that states had the right to secede from the Union, viewing it as a constitutional right to protect their interests, particularly regarding slavery. They felt increasingly threatened by the growing anti-slavery sentiment in the North and the election of Abraham Lincoln, whom they perceived as a direct threat to their way of life. This belief in states' rights and the necessity of secession was widely supported across the southern states, leading to the formation of the Confederate States of America.
The immediate cause was Lincoln's election, but it had been brewing since before the Missouri Compromise. Slavery had become the most divisive aspect of American political life. Had it been dealt with at the Constitutional Convention, the civil war need not have happened, but without the slavery compromise then and there, America may not have been created as a constitutional republic.
When a state left the Union it was called secession.
The election of Abraham Lincoln in November 1860.
The constitutional issues relevant to the civil war and reconstruction include the lack of a ban on slavery, secession was also not prohibited by the constitution