Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Non-Sequitur; Idabilly
[Idabilly, quoting Madison]
On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it? .....The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.
-- Federalist No. 43 (Madison)

[You, playing dumb and petulant] And what does that have to do with secession?

Because secession, justified by the last three clauses of the quote, is exactly what the States did that left the Confederation to join the new Union, which they did when the Constitution was ratified by the ninth State.

By agreeing to a new form of government in a way violative of the Articles of Confederation, the departing States broke their relations and their obligations to the Confederation.

Just like the Southern States did in 1861.

Continuing the quotation from Federalist 43,


It is an established doctrine on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach, committed by either of the parties, absolves the others, and authorizes them, if they please, to pronounce the compact violated and void. Should it unhappily be necessary to appeal to these delicate truths for a justification for dispensing with the consent of particular States to a dissolution of the federal pact, will not the complaining parties find it a difficult task to answer the multiplied and important infractions with which they may be confronted? The time has been when it was incumbent on us all to veil the ideas which this paragraph exhibits. The scene is now changed, and with it the part which the same motives dictate.
(Emphasis added.)

That is what it has to do with secession, and vice versa.

Game over, Non-Sequitur. Elenchus.

1,115 posted on 03/24/2010 2:24:24 AM PDT by lentulusgracchus
[ Post Reply | Private Reply | To 1074 | View Replies ]


To: lentulusgracchus
Just like the Southern States did in 1861.

Complete nonsense. In 1789 the United States changed their form of government, but the United States themselves continued unbroken. States did not leave one country to form another, they kept the same country and formed a more perfect Union. No states left the country and then rejoined, they all continued as part of a single nation.

...and that a breach, committed by either of the parties, absolves the others, and authorizes them, if they please, to pronounce the compact violated and void.

And as Madison pointed out, all parties to the compact are equal. One party has the power to declare the compact violated any more than the other has to declare the compact unviolated.

Game over, Non-Sequitur.

So you keep saying. Yet the game continues.

Elenchus.

If you're referring to the dinosaur then yes, I'd say that the Southern rebellion of 1861 is as extinct as they are.

1,130 posted on 03/24/2010 6:25:30 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 1115 | 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