“Texas v. White”
This case (1869) was after Lincoln’s optional war.
Victor’s justice.
You’re missing the point (I suspect intentionally). The south knew that it was a matter in contention. They knew that they could choose negotiation or confrontation and war. They chose war. Doesn’t that make them advocates of “might makes right”?
This case (1869) was after Lincoln’s optional war.
You do know that is how the Supreme Court works. First there has to be a violation, that is then adjudicated, and that decision is then appealed to the SCOTUS. Until unilateral secession was attempted, the SCOTUS had nothing to rule on. It was only after it was tried that the Court could even take up the issue.
Now, if the hotheads in the South had tried to secede and immediately taken it to the Courts to decide, instead of attacking Federal property, perhaps the war might have been avoided. Who knows, with Taney on the Court (may his soul burn in Hell), they may have succeeded.
But, they didn't. Instead of trying to go through the civil procedure, they chose revolt. It was they who chose the option of war. They lost.