Replies

"what I do NOT find is any of them saying that a state could not do so."

You are asking me to prove a negative which is faulty argument. By their actions, even you admit that they were against secession and found no basis to legally do so. What they were for is outlined in the Declaration of Independence. That is:

"When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

Jefferson then went on to list the grievances of the colonies against the Empire. Jefferson talked many times of rebelling against an overburdened government. Do you think that Jefferson would consent that it was a good idea to rebell against the United States government over the idea of extending the institution of slavery (denying people their liberties) to new states and territories? The institution of slavery was antithetical to everything the founders believed in. They only consented to allow it because they knew it was a deal breaker to form the union. They kicked the can down the road, but make no mistake about it. They meant for the situation to be resolved and for blacks to have freedom, liberty and equality.

http://thomas.loc.gov/home/histdox/fed_10.html

Here Madison argues about the resolution of faction and comes to the conclusion that a republican government is best to resolve such problems. He also adresses the subjugation of a minority.

He clearly indicates that it is WRONG for the rights of the minority to be taken by the majority - and provides for PROTECTIONS against such takings. Unsaid but implied is that the minority does NOT have to sit still for it!

I don’t ask you to prove a negative. I simply stated that I could not find a reference which forbids secession. That the founders prefered the Union to remain whole is beyond debate.

I am trying to limit the debate to secession and not whether slavery / other reasons for secession were valid, moral, etc ... I think we can all agree that slavery was unjust.

BTW - the last couple of paragraphs in my link are rather interesting “today” ....