13) The Wilmot Proviso, and the Treaty of Guadalupe Hidalgo were arrows aimed at the heart of the order's bisectional assumptions.
The origins of the Dred Scott case were in efforts by party leaders to preserve the bisectional status quo constitutional order--and not in the inclination of the Court to resolve the question by fiat.
For instance, Graber observes that Millard Fillmore, a committed New York constitutionalist who might have been the Whig candidate for President in 1852, and won with the sort of bisectional support that would have promoted sectional compromise, was done in by Article II.
Graber contends that the candidate for president in 1860 who remained truest to the spirit of Constitution's original spirit was not Lincoln--who insisted, wrongly, that the framers intended to place slavery "in the course of ultimate extinction" and, accordingly, "promised to accommodate no more evil than constitutionally necessary"--but rather John Bell, "who promised bisectional solutions to contested constitutional questions," with the aim of "preserve[ing] the conditions under which slavery might have been abandoned peacefully" (p.
(21) But he insists that, if it does so, it must be through--and only through--the means set out by a rigidly adhered to consociationalist theory--that is, by bisectional methods.