I note that you chose the words carefully. Taney's opinion in Merryman was not a Supreme Court decision, but rather was in his capacity as a circuit court judge. The Supreme Court has never spoken to the issue. Rehnquist's statement stands.
Wouldn't it be ironic to defend your point by saying h.c. had never been determined while not acknowledging AT THE VERY LEAST the same lack of determination could be said for secession?
Texas v. White was the first time that secession came before the Supreme Court. The court said that it was illegal.
And now you mention Texas v. White. I must ask: do you concur with the majority's reasoning?
;>)
Allow me to remind you of an earlier inquiry (please see my Post 427): you had offered a rather precise opinion regarding the last section of Mr. Madison’s Federalist No. 43 (see your post 411), and I asked if you agreed with Mr. Madison. You failed to answer.
Care to respond? Do you concur with Mr. Madison’s statements at the conclusion of Federalist No. 43?
I'll post Mr. Madison's concluding paragraph for you (since, if I remember correctly, it was omitted from earlier posts):
The second question [What relation is to subsist between the nine or more States ratifying the Constitution, and the remaining few who do not become parties to it?] is not less delicate; and the flattering prospect of its being merely hypothetical forbids an overcurious discussion of it. It is one of those cases which must be left to provide for itself. In general, it may be observed, that although no political relation can subsist between the assenting and dissenting States, yet the moral relations will remain uncancelled. The claims of justice, both on one side and on the other, will be in force, and must be fulfilled; the rights of humanity must in all cases be duly and mutually respected; whilst considerations of a common interest, and, above all, the remembrance of the endearing scenes which are past, and the anticipation of a speedy triumph over the obstacles to reunion, will, it is hoped, not urge in vain MODERATION on one side, and PRUDENCE on the other.
Care to respond at this time?
;>)