Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Non-Sequitur
I don't think that I'm the one trying to twist legal issues to fit my agenda.

I'm not twisting anything. According to well established legal principles, the Court's decision in that case would make the entire union a fraudulent agreement, and therefore void. BTW, I do not think it was a fraudulent agreement. The framers accepted the conditions just as they were stated in the ratifications. The Justice's "consensus of States" requirement is a direct violation of those stated conditions.

334 posted on 01/27/2003 4:47:45 PM PST by thatdewd (nam et ipsa scientia potestas est)
[ Post Reply | Private Reply | To 329 | View Replies ]


To: thatdewd
According to well established legal principles, the Court's decision in that case would make the entire union a fraudulent agreement, and therefore void.

You can't look at the Constitution as a mere legal contract. A clause like those put into the ratification documents by states like Virginia and New York would be binding only if both sides agreed to it. But ratification wasn't a negotiation between two sides, it was the acceptance of the Constitution by the individual states. The framers weren't accepting anything, it was the states that were. Therefore, the clauses would be binding only if both sides agreed to it. Instead the clauses in the ratification document were a one-sided assumption of what was permitted under the Constitution. The Constitution was the final word on what was legal and illegal and the Supreme Court ruled that the path that Virginia chose to follow in 1861 was illegal.

357 posted on 01/28/2003 5:49:39 AM PST by Non-Sequitur
[ Post Reply | Private Reply | To 334 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson