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To: WarIsHellAintItYall
There was another legal document that made secession illegal, and gave the President power to deal with it. I will search for it and get back to you.

The only way secession can be made illegal is to amend the Constitution to say so explicitly: "Secession is illegal." Furthermore, any such amendment would have to confer grants of sovereignty to the United States by the several States -- all of them -- that they have never heretofore made, to-wit, the last of their residual sovereignty, and the ultimate Sovereignty of the People, whereafter sovereignty over the United States would no longer be vested in the People, but in the United States Government under whatever formula you like.

That has not happened to date, and I doubt like hell that it ever will.

1,117 posted on 03/21/2004 8:42:10 PM PST by lentulusgracchus (Et praeterea caeterum censeo, delenda est Carthago. -- M. Porcius Cato)
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To: lentulusgracchus
The only way secession can be made illegal is to amend the Constitution to say so explicitly: "Secession is illegal. ... sovereignty over the United States would no longer be vested in the People, but in the United States Government under whatever formula you like."

Somewhat along this line, Connecticut Congressman Ferry introduced the following resolution on February 11, 1861:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the Constitution of the United States as expressly to forbid the withdrawal of any State from the Union without the consent of two thirds of both houses of Congress, the approval of the President, and the consent of all the States; to report by joint resolution proposing such amendment, or otherwise.

I'm not sure anything ever came of it. In effect, Ferry was acknowledging that secession wasn't already prohibited by the Constitution.

1,133 posted on 03/21/2004 11:48:42 PM PST by rustbucket
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