Pro-slavery ideology in the United States in the context of "Antebellum South"

The Antebellum South era (from Latin: ante bellum, lit. 'before the war') was a period in the history of the Southern United States that extended from the conclusion of the War of 1812 to the start of the American Civil War in 1861. This era was marked by the prevalent practice of slavery and the associated societal norms it cultivated. Over the course of this period, Southern leaders underwent a transformation in their perspective on slavery. Initially regarded as an awkward and temporary institution, it gradually evolved into a defended concept, with proponents arguing for its positive merits, while simultaneously vehemently opposing the burgeoning abolitionist movement.

Society was stratified, inegalitarian, and perceived by immigrants as lacking in opportunities. Consequently, the manufacturing base lagged behind that of the non-slave states. Wealth inequality grew as the larger landholders took the greater share of the profits generated by enslaved persons, which also helped to entrench their power as a political class.

The Unconstitutionality of Slavery is an 1845 abolitionist essay written by the American abolitionist Lysander Spooner. In it, Spooner responds to Garrisonian abolitionists and proslavery theorists who argued that slavery was supported by the United States Constitution. Spooner claims that slavery is unconstitutional and cites natural law, colonial charters, and American founding documents to argue that there is no legal basis for the existence of slavery in the United States and that Congress is obligated to prohibit it.

Spooner was an anarchist who argued that the authority of the courts was derived from fundamental principles of justice and universal human rights. He cites the precedent established in Somerset v Stewart that slavery is incompatible with liberty and cannot exist absent positive legal sanction. Spooner notes that contrary to this principle, the Articles of Confederation, the several state constitutions, and the 1787 federal constitution do not refer to slavery directly; the Declaration of Independence, meanwhile, implicitly proscribes slavery by recognizing life, liberty, and the pursuit of happiness as self-evident natural rights. Spooner rejects appeals to original intent concerning the historical context for constitutional provisions generally understood to address slavery, arguing that laws must be interpreted according to the ordinary meaning of the text. He concludes that there is no legal basis for slavery in the United States and that the Guarantee Clause requires Congress to enforce emancipation.