To: r9etb
The Constitution defines a form of government, in which the several states agree to operate under an over-arching federal government, as part of a single country.
Why do you think they did that? I would say that there were certain things that they thought were better handled as a group (protection, for one) so they let the federal government handle those things. They never said, "Hey, we submit to your will and we agree to everything you do." On the contrary, they restricted the federal government to a few select things.
If we assume that oaths mean anything at all, then an oath to uphold the Constitution is an oath to maintain that system of government -- and secession explicitly violates that oath.
There it is. The reason for the disagreement. I do do not believe that an oath to uphold the Constitution is an oath to always be a part of the union. If this were a legal contract, I think that it would be very hard to prove your case. For example, you take a job and promise to conform to company policies. You may even sign this promise. However, it would never interpreted to mean that you have to conform to those policies after you quit. Unless the company had a specific policy against quitting, you would not be violating that oath, nor would you be expected to conform to those policies after you found a new job.
There is no place in the Constitution that says that you can't quit, so there is no violation of the oath you are referencing.
I guess you could really stretch the meaning of the oath to mean you can't secede, but then that would be like saying that Obamacare comes under the Commerce clause... or that "general welfare" means anything you want it to.
It's intent that counts... or at least it should.
To: bravedog
On the contrary, they restricted the federal government to a few select things. And in pursuance thereof, were required to swore an oath to maintain the Constitution and the Union it defined.
There it is. The reason for the disagreement. I do do not believe that an oath to uphold the Constitution is an oath to always be a part of the union.
You mean, other than the fact that the oath requires precisely that. We're done.
721 posted on
08/18/2010 7:15:58 PM PDT by
r9etb
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson