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To: moonshot925

“IF secession was legal, and IF there was no provision against it in the Constitution, then WHY did none of the seceding Southern states ever try a legal means of separation?”

They did. The state legislatures voted on secession and if the legislature succeeded then the state filed an ordinance of secession. Same way they did so when leaving Great Britain. Same process, same result, at least for Georgia, South Carolina, North Carolina and Virginia.

If the individual states had a right to leave Great Britain, then why did they not have that same right to leave the United States? I don’t see how you can argue that the establishment of the United States was legal, but the establishment of the Confederacy was not.

“Why did none of the seceding states appeal to the Supreme Court of the United States to petition their legal right under the constitution to peacefully separate from the United States?”

1, the Supreme court would decide that was rightfully a matter for each individual state legislature, not the supreme court.

2, it wasn’t necessary for them to do so.

“Why did none of the duly elected representatives of the seceding Southern states introduce legislation to peacefully separate from the United States in the US Congress?”

Again, because the duly elected state representatives are the ones who get to make this decision. The congressional representatives are bound to respect the decisions of their individual state.

“Why did none of the duly elected representatives of the seceding Southern states call for a national refferendum for the nation to vote on the South’s desire to peacefully separate from the United States?”

Again, because such is not something that is decided by national referendum, instead it is decided, by the state legislature.


136 posted on 06/25/2012 11:31:46 AM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: JCBreckenridge

Chief Justice Taney established in February 1861 that unilateral succession is illegal.

Chief Justice Marshall established in the 1819 case McCullock v. Maryland that a state gave up its sovereignty to act unilaterally once it entered the Union:

“[t]he assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived, by the State Governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.”


140 posted on 06/25/2012 12:47:05 PM PDT by moonshot925
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