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To: Old Teufel Hunden

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” ....


176 posted on 08/05/2010 10:32:52 AM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: An.American.Expatriate
"I am trying to limit the debate to secession"

We can certainly do that. If a state were to secede it would have to be done politically, through law (such as an amendment). The Southern states chose to do it through rebellion. As Madison intimated, the Constitution is a compact between two parties (The state and the union). If one wanted out of it, they had to do more than simply choose to opt out. There is no opt out clause in the constitution. Even in a divorce, both parties have to work out a settlement. One party cannot simply choose to not be married.

If you wrote a legally binding business agreement between two parties and there was nothing in the original agreement that allowed for one or the other party to opt out of the agreement. Would one party be allowed to simply opt out? No, it would have to go to court, be adjudicated and a settlement arranged.
177 posted on 08/05/2010 10:40:26 AM PDT by Old Teufel Hunden
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