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To: Bubba Ho-Tep
So what do you think the US Constitution is talking about when it says the right of habeas can be suppressed in case of rebellion?

Things such as the Whiskey Rebellion. Not conditions in which entire states or collections of states want to leave. It is contradictory and hypocritical to believe that such a clause would apply to the very thing that the founders did.

In any case, I argue that the Declaration is of higher moral and legal authority than is the Constitution. The Constitution is merely our third national charter, the Declaration is the legal device which created the nation.

229 posted on 12/09/2014 6:14:28 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp
Things such as the Whiskey Rebellion. Not conditions in which entire states or collections of states want to leave.

Oh, so only entire states or collection of states have this right? Why is that? Why is it morally acceptable to you for a state to declare independence leaving the national government no moral recourse, but if some smaller group does the same they are to be put down according to the Consitution?

In any case, I argue that the Declaration is of higher moral and legal authority than is the Constitution.

Ah, then you're a Declarationist, which puts you at odds with Strict Constructionists like Scalia and Bork. Interestingly, Lincoln was also a Declarationist, stating that the "All men are created equal" phrase justified his pre-election position of limiting slavery and wartime efforts to abolish it altogether. Welcome to the yankee side.

245 posted on 12/09/2014 8:57:50 AM PST by Bubba Ho-Tep ("The rat always knows when he's in with weasels"-- Tom Waits)
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