The Constitution, Race, and Renewed Relevance of Original Intent: ...

Figure 1.3. A slave in Louisiana bears the marks of a lashing by his overseer.

Source. National Archives and Records Administration.

Constitutional jurisprudence, at least until the Scott decision, largely was consistent with the premises of federal neutrality and state determination. Cases concerning the moratorium clause and the commerce clause were relatively simple and uncontroversial compared to the issues that surfaced in an increasingly zero-sum political context. As noted previously, the fugitive-slave issue was addressed by policy and case law that was friendly toward the South. Choice of law questions, when slavery was implicated, also were resolved in favor of southern law.