The second doctrine of Congressional preeminence, championed by
Abraham Lincoln and the
Republican Party, insisted that the Constitution did not bind legislators to a policy of balancethat slavery could be excluded altogether in a territory at the discretion of Congresswith one caveat: the
due process clause of the Fifth Amendment must apply. In other words, Congress could restrict human bondage, but never establish it. The
Wilmot Proviso announced this position in 1846.