
States and Territories, Part 2
Akhil Reed Amar, in this installment of his Yale course on the written Constitution, argues that slavery was never one constitutional problem but six or seven separate ones, and that the provision giving Congress power over the western territories, not the Fugitive Slave Clause, is what actually broke the Union. He reads the interstate privileges and immunities clause as a guarantee of equal treatment rather than portable rights, showing where Chief Justice Taney's reasoning in Dred Scott goes wrong, and walks through full faith and credit for out of state judgments, the three fifths count, and the gap between civil and political rights that left female citizens without a vote. The lecture traces how the first Congress chose free soil for the Northwest Territory under Article IV, how the 1850 Fugitive Slave Act hardened earlier compromises, and closes on the Republican Guarantee Clause, a dormant provision Amar calls the most consequential in the document after the Civil War.