Ever read the DISENTING opinion in the Prize Cases?
Probably not. As far as Walt is concerned, if it does not support, nay, adore The Lincoln, it simply does not exist.
I don't think he's even read the majority decision, based on what he thinks the Court decided in that case.
Ever read the DISENTING opinion in the Prize Cases?
Ever see a dissenting opinion that decided a case?
Here's the crux of the -majority- opinion:
"By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot declare was against a State, or any number of States, by virtue of any clause in the Constitution. The Constitution confers on the President the whole Executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations, and to suppress insurrection against the government of a State or of the United States."
One of those laws is the Militia Act of 1792, which requires that U.S. law operate in all the states.
Secession is possible alright, but could only be morally justified in the case of intolerable abuse, as Madison said.
The beam in the eye of the neo-reb interpretation is that southerners had controlled the government for decades prior to 1860. There was no abuse to report. What was seen with the election of Lincoln is that this would change at some indefinite point in the future. Their ponzi scheme in human flash might come crashing down, and they would fight against that in the last ditch.
Walt