Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: BroJoeK
But had the case been brought in a different court, say, for example, in Boston, there can be no doubt Davis would have been convicted.

You obviously didn't read the Yale Law link I provided. It's also obvious that you avoid any material of fact that would destroy your carefully constructed fantasy world.

In Texas v White, Chase ruled, in effect, that unilateral, unapproved declarations of secession were not constitutional or legal, and therefore were acts of constitutionally proscribed rebellion, insurrection and "domestic violence".

The statements included in Texas v. White dealing with the constitutionality of secession were dicta (A comment by a judge in a decision or ruling which is not required to reach the decision, but may state a related legal principle as the judge understands it. While it may be cited in legal argument, it does not have the full force of a precedent.) and statements included in the opinion of a court, as dictum, are not of sufficient legal stature to allow their use as precedent.

Based on your position on this issue one has to assume that you approve of legislating from the bench, a rather liberal position.

BTW, you do realize that Texas v. White wasn't about secession, don't you? A very partisan Chase took this bond case issue to insert his opinion on a question that was not argued before the Court. Are you telling me and FR that you agree with partisan judges legislating from the bench?

Fact is there's never been a court case where arguments were made on the right of states to withdraw from the union. End of story.

467 posted on 02/03/2016 1:34:30 PM PST by cowboyway (We're not going to be able to vote our way out of this mess.)
[ Post Reply | Private Reply | To 462 | View Replies ]


To: cowboyway; rockrr
cowboyway: "Based on your position on this issue one has to assume that you approve of legislating from the bench, a rather liberal position."

More rubbish.
Your man, Justice Salmon Chase wanted to dismiss treason charges against Jefferson Davis, so you cheer him on.
The same man, Chief Justice Salmon Chase four months later, ruled in Texas v White that unilateral, unapproved declarations of secession were not lawful, so you yell all kinds of blather & nonsense against him.

I have merely asserted that the end results of President Johnson's pardons for Jefferson Davis & other Confederate leaders were in line with Lincoln's intentions and were, doubtless, the best possible outcome.

cowboyway: "Fact is there's never been a court case where arguments were made on the right of states to withdraw from the union. End of story."

Well, FRiend, then you should bring such a case, and argue it to the Supreme Court.
How far do you think you would get with it?

;-)

469 posted on 02/03/2016 1:56:01 PM PST by BroJoeK (a little historical perspective...)
[ Post Reply | Private Reply | To 467 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson