Posted on 02/17/2010 3:43:05 PM PST by Constitutionalist Conservative
Prior to the American Civil War, it was popularly assumed that states which had freely chosen to enter the Union could just as freely withdraw from said union at their own discretion. Indeed, from time to time individual states or groups of states had threatened to do just that, but until 1860 no state had actually followed through on the threat.
Since then, it has been considered axiomatic that the War “settled the question” of whether or not states had the right to secede. The central government, backed by force of arms, says the answer is No. As long as no state or group of states tests the central government’s resolve, we can consider the question to be “settled” from a practical viewpoint.
This assertion has long troubled me from a philosophical and moral viewpoint. We are supposedly a nation of laws, and the central government is supposedly subservient to the laws that established and empower it.
In a nation of laws, when someone asks, “Do states have a right to secede from the Union?”, a proper answer would have one of two forms:
Here, x would be an explanation of the laws that supported the Yes or No answer.
With the secession issue, though, we are given the following as a complete and sufficient answer:
“No, because if any state tries to secede, the central government will use force of arms to keep it from succeeding.”
There is no appeal to law in this answer – just brute force.
Based on this premise, the central government can amass to itself whatever right or power it chooses, simply by asserting it. After all, who has the power to say otherwise?
Come to think of it, that’s exactly how the central government has behaved more often than not since the Civil War.
This issue came to mind today because of an item posted today on a trial lawyer’s blog (found via Politico). The lawyer’s brother had written to each of the Supreme Court justices, asking for their input on a screenplay he was writing. In the screenplay, Maine decides to secede from the US and join Canada. The writer asked for comments regarding how such an issue would play out if it ever reached the Supreme Court.
Justice Antonin Scalia actually replied to the screenwriter’s query. I have a lot of respect for Scalia regarding constitutional issues, but his answer here is beyond absurd.
I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, "one Nation, indivisible.")
He actually said that a constitutional issue was settled by military action. Oh, and by including the word “indivisible” in the Pledge of Allegiance, the issue became even more settled.
What if the president were to send out the troops to prevent the news media from publishing or broadcasting anything critical of his administration? This is clearly an unconstitutional action, but by Scalia’s logic, if the president succeeds, we must then say that the military action “settled the question” of free speech.
If these scenarios are not comparable, I’d like to hear why.
You know, you could have just posted a link to Wilson’s crappy rant.
All are positions you have taken.
A problem in the sense that we're the only thing standing in the way of their communist utopia.
New Englanders were pure Anglo-Saxons with all virtues.
The first Aryan Nation.........
New Englanders were publishing a literature claiming the whole credit for themselves.
Revisionism has a long history in yankeeville.
We must also take note of the intellectual revolution amongst the Yankees which created the modern version of self-righteous authoritarian “Liberalism” so well exemplified by Mrs. Clinton.
We must also take note of the intellectual revolution amongst the Yankees which created the modern version of self-righteous authoritarian “Liberalism” so well exemplified by Mrs. Clinton Non-sequitur.
There. Fixed it.
(Even though distinguished Yankee intellectuals have declared that their violence was a product of the evil “Southern gun culture.”)
They also blamed Rush, an evil Missourian, for the Oklahoma City bombing.
Clyde Wilson has made the study of actual American history his life’s work and I would say he has the subject down better than most! On top of that he writes REALLY well! He is a true American hero!
Thanks for posting this here!
Only in the twisted mind that occupies the space between your ears!
Typical yankee; always trying to tell somebody else what to do.
Hey NS! Peto Abyssus!!
Typical Lost Causer; technology challenged.
Hey NS! Peto Abyssus!!
Got any messages for Lee or Davis if I do?
Oh barf.
Yet another subject that sorely needs to see the light of day!
To this day few are aware of the fact that these fellow travelers heavily infested Lincoln's Army.
If you could even post a link that would be about the limit for you and since most of what you post is lies your link, if it worked, would be lies, too.
Got any messages for Lee or Davis if I do?
Not Heaven, dumbass! The other place where Lincoln, Grant and Sherman are presently cooking.
Did you catch a glimpse of yourself in the mirror again?
I know. Abyssus. You said that. Any messages for your buddies?
Nooooo. Just read what Bigun had to say about ol' Clyde N. I can take most Southron mythology but sometimes it gets the gag reflex going.
BTW! How is it that you DEMAND answers to all your questions but continually ignore questions others post to you?
See #327.
I know what I said but you were obviously confused when you mentioned meeting Lee and Jackson in the hereafter.
But since you're an athiest you don't have to worry about it.
Why should I answer your questions when you ignore mine?
You're obviously confused as to where they most likely wound up.
But since you're an athiest you don't have to worry about it.
Got tired of calling people homosexuals so now you're going with atheist?
I hear you, brother!
Every time I read you or your posse's tripe I'm torn between laughing or puking.
No, it was the Confederates who fought for the right of their white people to buy and sell their black people like cattle.
Absolutely not. I'm as positive that Lee, Jackson, Davis, Stuart, Forrest, et al are in Heaven as I am that NS will one day join Lincoln, Grant, Sherman and the rest of yankee coven in a burning lake of fire and brimstone.
Got tired of calling people homosexuals so now you're going with atheist?
I assumed since you were a damnyankee that you were an athiest.
Feel free to deny your athiesm.
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