[cowboyway]

Lincoln's "actions were unconstitutional and he knew it," writes Napolitano, for "the rights of the states to secede from the Union . . . [are] clearly implicit in the Constitution, since it was the states that ratified the Constitution . . ." Lincoln's view "was a far departure from the approach of Thomas Jefferson, who recognized states' rights above those of the Union." Judge Napolitano also reminds his readers that the issue of using force to keep a state in the union was in fact debated - and rejected - at the Constitutional Convention as part of the "Virginia Plan."

[BroJoeK]

cowboyway quoting: "Lincoln's 'actions were unconstitutional and he knew it,' writes Napolitano, for 'the rights of the states to secede from the Union . . . [are] clearly implicit in the Constitution, since it was the states that ratified the Constitution . . .' "

This is not the only time the good judge's opinions were confused & disoriented.
A normally brilliant lawyer, in this case Napolitano here buys into the pro-Confederate Big Lie, namely that Lincoln started Civil War to prevent Southern secession.

That is not just a pro-Confederate Big Lie, it is an unspeakably outrageous lie, which takes no great historical expertise to puncture.
In actual historical fact:

• Lincoln started no war, period.
  
• Slavery did not start Civil War.
  
• Declarations of secession did not start Civil War.
  
• Forming a new Confederacy did not start Civil War.
  
• Electing a new Confederate President & Congress did not start Civil War.
  
• Approving a new Confederate constitution did not start Civil War.
  
• Even dozens of Confederate provocations, seizing major Federal properties -- forts, ships, arsenals, mints, etc. -- did not start Civil War.

What did start Civil War was the Confederate military assault on Union troops in Union Fort Sumter, soon followed by a formal declaration of war on the United States and military aid to pro-Confederates fighting in Union Missouri.
All that happened before a single Confederate soldier was killed directly in battle with any Union force, and before any Union army invaded a single Confederate state.

So, accusing Lincoln of starting Civil War is just like accusing President Roosevelt of attacking the Japanese at Pearl Harbor.
It is an unspeakably outrageous Big Lie.