This is the sticking point. When the Founders came up with the Bill of Rights, they were basing them on past experience in colonial times. At one time, if a person wished to worship in one faith and that wasn’t their ‘colony’s’ faith, they had to move to another colony. They seem to have disremembered why they came over here in the little ship to begin with. It did not take long for those cute little pilgrims to begin persecuting people for the same thing they were persecuted for. They wanted tolerance but did not tolerate those of a different mind set. Imagine that. Human nature at it’s worst.
The founders worded the Declaration of Independence so it would be clear as day. Then, turned right around and wrote the Bill of Rights (that should have been clear) and the Constitution which made things a little murky. Even they understood this so they gave us the ‘Supremes‘. The uniting of the colonies, commonwealths or as they later became, states, was for the common protection and good. Not to have one state dictate what another could do. They were free to do so in their respective bounds and not one step more. They were specific enough, they thought. Madison believed they were not specific enough and the central government should be more ‘hands on’. Then the fight started. They started adding things, and more things to the list of government responsibilities until it became overloaded to some people minds. It still is to some peoples minds.
It was intended to be a buffer from the outside but not the ruler of those on the inside. Somewhere in time, that changed. If there’s any doubt, look at the news today. It won’t take long to figure it out. The Confederate States based their Constitution on the original one of the United States in the same vein as it was written. They wished to carry it out, as written. The States were responsible for themselves. There had to be a mechanism to fund the common, protective government that was fair so then came taxes. They were to pay the military and the common government workers such as the president. That said, if it was illegal to roll a barrel down Main Street in Montgomery, Alabama and someone from Georgia came along and rolled a barrel down Main Street in Montgomery, Alabama they could be subject to the same penalty under the law as the rolling resident of Montgomery, Alabama would. It didn’t matter if rolling a barrel was the sport of idiots in Atlanta, Georgia, it was still against the law in Alabama. That is the States Right. It is still the States Right. Somewhere along the way, that has been forgotten or even worse, ignored.
The bone of contention isn’t if slaves were to be allowed to travel to a non slave state. It was in upholding the non slave states right to turn them away at the border. Those trying to take them into a non slave state should be aware they are subject to the law in the state they enter. Some people took offense at being told they couldn’t do something that was against the law in a place they visited. Then the fight started. The central government has no say in a matter such as this. It is the State’s decision. That is a State Right.
One of the points the Founders made was there would be no military ‘take over or quartering’ of a private residence. They sure forgot that in a hurry. That’s just one example. There are a whole lot more.
Pam