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To: lentulusgracchus
Every ratification and secession is necessarily "unilateral". Pretending that "unilateral" acts are somehow illegitimate acts is just a clever way of impugning the People's just powers.

Why were the only 'people' allowed a say in this the ones in the rebelling states? The southern were walking away from obligations like the national debt, taking with them federal facilities which belonged to the nation as a whole. And the people in the remaining states had no say in the matter. Why not?

Supraconstitutional acts like ratification and secession are not Constitutionally bound. The States -- the People -- may do as they please.

Nonsense. The states were bound by the Constitution, which did not specify any 'supraconstitutional' acts. And far from 'doing as they please', the Constitution, that the states either ratified or else agreed to abide by when they were allowed to join the Union, is full of actions both explicit and implicit that the states are forbidden.

Ratification and secession acts cannot be reviewed by the Supreme Court; they are ultra vires that court, and are in fact instruction sets to that court. It is for the Supreme Court to listen and obey, not the People.

Absolute, utter bullshit.

Therefore, the States did not "violate" the Constitution in making secession their remedy for an untenable position. Any Supreme Court opinion to the contrary is null and void on its face, just as a decree cancelling elections or pretending to overturn the First Amendment would be.

More of the same.

828 posted on 01/12/2005 1:45:49 PM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: Non-Sequitur
[Me] Every ratification and secession is necessarily "unilateral". Pretending that "unilateral" acts are somehow illegitimate acts is just a clever way of impugning the People's just powers.

[You, replying] Why were the only 'people' allowed a say in this the ones in the rebelling states?

Because it's a State decision that the People in each community have to make for themselves, for better or worse. They couldn't make the decision to ratify in 1787-91 for one another, and they couldn't deliberate secession jointly in 1860, and in fact they talked to one another, but took their decisions separately.

The southern were walking away from obligations like the national debt, taking with them federal facilities which belonged to the nation as a whole.

One, they were also walking away from fantastic resources in mining and agriculture. They capitulated the debate over planters' rights to emigrate to the Territories and left millions of acres to the Northern freeholders (which would be my preferred outcome anyway, by the way), as well as fabulously rich mines in Colorado and Montana and big oil fields from the Rockies to the Williston Basin. What was all that worth?

Two, there was a provisional attempt to begin negotiating these matters, which was blocked by Lincoln. He did not want to be seen to give the slightest recognition to the Southern States except on their bellies. Lincoln's policy was that there was to be no discussion with the Southern States.

And the people in the remaining states had no say in the matter. Why not?

Well, they did, but only for each of their own States. They had no right or power to accept an amendment to the Constitution for another State, or to ratify the Constitution for another State, or to forbid another State to ratify or amend, or to secede.

At the end of the day, you have to concede people what is theirs. If you don't, you are robbing them.

830 posted on 01/12/2005 2:31:55 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: Non-Sequitur
[Me] Ratification and secession acts cannot be reviewed by the Supreme Court; they are ultra vires that court, and are in fact instruction sets to that court. It is for the Supreme Court to listen and obey, not the People.

[You] Absolute, utter bullshit.

Why is it bullshit for the People to own the Courts, and not the other way around? Why do the People have to look up to the Court's tribunal from their knees, when they own the entire Republic?

When the People amend the Constitution, does the Court have the authority to interpose? Have you ever heard (yet -- don't worry, it will come) of an attempt by the U.S. Supreme Court to nullify an amendment to the Constitution, analogous to the court nullification of Colorado's Proposition 2 several years ago? No. Through the amendment process, their untrammeled power to ratify amendments, the People hold absolute sway over the Courts, as I said, and could abolish the entire court system with the stroke of a pen if they wished. That is the true relationship.

On the other hand, you haven't yet shown me authority conferred in the Constitution or anywhere else, that would make the U.S. Government the Sovereign over the People of the United States.

You may not know the footman and the chambermaid, and you may not know the cook, but you damn sure have to know the relationship.

831 posted on 01/12/2005 2:50:37 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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