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To: #3Fan
A sovereign act of the people of a state is a public act.

No, sovereign acts are by the people, in the case of ratification or secession by their delegates to convention - these delegates have no other powers. Public acts, as noted by the Supreme Court, are those performed by "an officer of the State government" or other "public officers purporting to be exercised in an official capacity" as noted above.

The Secession Commissions were put together by the legislatures anyway.

No. The delegates to the conventions were elected. Pursuant to Federal law, the states were bound to recognize the legality of the state acts calling for elections - "An Act to authorize and require the Governor of the State of Georgia, to call a Convention of the people of this State; and for other purposes therein mentioned."

And the states agreed to have Congress guide the process of proof so they must give them that opportunity and secession is not a marriage and so would require laws to guide it.

No. The states ensured that the powers NOT delegated nor prohibited remained with the states/people of the several states. The Constitution applies to "public acts", not to sovereign acts, and the "proof" of public acts has already been legislated.

778 posted on 03/16/2004 9:23:29 AM PST by 4CJ (||) OUR sins put Him on that cross - HIS love for us kept Him there. I approve this message. (||)
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To: 4ConservativeJustices
No, sovereign acts are by the people, in the case of ratification or secession by their delegates to convention - these delegates have no other powers. Public acts, as noted by the Supreme Court, are those performed by "an officer of the State government" or other "public officers purporting to be exercised in an official capacity" as noted above.

Even under that it's still a public act because they were commmissioned by the legislatures. Regardless, secession is a public act.

No. The delegates to the conventions were elected. Pursuant to Federal law, the states were bound to recognize the legality of the state acts calling for elections - "An Act to authorize and require the Governor of the State of Georgia, to call a Convention of the people of this State; and for other purposes therein mentioned."

They were commissioned by the legislatures, simple as that. Regardless, secession is a public act.

No. The states ensured that the powers NOT delegated nor prohibited remained with the states/people of the several states.

Article IV delegates that power to Congress. You admitted as much before.

The Constitution applies to "public acts", not to sovereign acts, and the "proof" of public acts has already been legislated.

The Constitution says "laws" not "law". So the Congress definitely has the power to guide how a state proves it's acts as Article IV says. Secession is not a simple marriage, it's a public act.

779 posted on 03/16/2004 9:36:38 AM PST by #3Fan (Kerry to POW-MIA activists: "You'll wish you'd never been born.". Link on my homepage.)
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To: 4ConservativeJustices; nolu chan
Blue Pen no the inside cover:
Donated to the Library of the State University of Iowa by Lucy S. Stewart, a daughter of Iowa.

4CJ, If you haven't found a copy yet, perhaps it can be found under the alternative title, 500 Pages of Why I Hate R. E. Lee.

I'm on about the 7th chapter wholly dedicated to twisting the wording of everything Lee said to his discredit (the others are titled differently, but essentially devoted to the same end), and still have not found any reference to him in a U.S. uniform at the Virginia convention, although his appearance at the convention has been discussed several times. Perhaps it's still yet to come.

780 posted on 03/16/2004 9:47:17 AM PST by Gianni (Sarcasm, the other white meat.)
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