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 governments 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, thats 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 lawyers blog (found via Politico). The lawyers 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 screenwriters 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 Scalias 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, Id like to hear why.
Sorry but that would be YOU!
If you don't like the question refuse to answer and come up with some childish quip instead!
Actually that process was started by folks like Alexander Hamilton (see Alexander Hamilton: A Biography by Forrest McDonald) and aided by the likes of John Marshall. Lincoln and his fellow travelers just applied the finishing touches using guns bayonets!
Regardless of your biased evaluation, your moronic denials, your laughable mythology and your use of terms that, technically, don't apply, the South did in fact secede, the Confederate States of America did in fact exist and, when reasonable people examine history, they conclude that the northrons illegally invaded and prosecuted an illegal war to subjugate a free and independent nation.
“Sorry. His mother and sister are buried on one of our old farms. Id as soon toss you and your kind into plastic shredders as say one critical word about Abraham Lincoln.”
That’s just despicable. Stereotypical Yankee, though.
"When ten states of the former Confederacy refused to ratify, Congress declared that the states no longer existed and combined them into five military districts under martial law. The states were required to call elections for state constitutional conventions that would enfranchise black voters and disenfranchise white voters who had fought for the Confederacy. After these conventions created new state constitutions, after these constitutions were approved by Congress, after new state governments were set up, and after they ratified the amendment, only then would Congress end military rule and readmit the states to the Union.
There were two huge constitutional issues in Congress action. First, Lincoln had fought and won a war dedicated to the principle that the Union was permanent and indivisible. No state could secede, and no state could be expelled. Yet here Congress had made a mockery of the ostensible reason for which the war had been fought. Second, only a state could ratify an amendment, not a territory or a military district, something that was not even defined in the Constitution. Yet states were now required to ratify an amendment at the point of a gun even though the law that required them to do so said they were not legally states in the first place."
States Rights and the Union by Forrest McDonald
“ROTFLMAO!!!!! Considering all the damage done by the last 5 Southern presidents I think that the real question is haven’t be paid enough for Sherman’s march?”
Bush is one of yours.
My apologies!
"Right boss"
Varooom, varooom, varoom, chop chop chop chop.
No, they weren’t free. Most of them were slaves.
“Varooom, varooom, varoom, chop chop chop chop.”
Yep. Typical Yankee scoundrel - but I repeat myself.
Nope. Adopted sons of Texas the both of them.
“Nope. Adopted sons of Texas the both of them.”
Carpetbaggers. Both of them.
Well if someone wants a lesson in moronic denials, laughable methodologies, or misapplication of terms then they need look no further than one of your own posts. The South rebelled, since their acts of secession was illegal. The confederate states was not recognized as a sovereign nation by any contemporary country on Earth so they basically existed only in their own mind. The North fought the armed rebellion that was forced upon them by the Davis regime to a successful completion. But calling it an 'illegal war' might well be valid since I'm not aware that Davis got his congresses approval to initiate it to begin with. So if you're misguided enough to believe that the confederacy was a sovereign nation, then the war was illegally launched. Not that Davis cared much on what his constitution said to begin with.
Yeah but they're your carpetbaggers.
Considering your history this is yet another Southron pot-meet-kettle moment.
OK then you can point to the legislation that specifically admitted each of these states back into the Union? The enabling act, as it's called?
Let me repeat them for you:
Did Mr. Marbury ever get the commission he was seeking from president Madison in this case? (Marbury vs Madison)
If not, what happened to president Madison for ignoring that ruling? Was he censured in any manner?
“Yeah but they’re your carpetbaggers.”
So, they originated in the South and moved North to attain political power?
Sure you will. Pull the other one while you're at it; it's got bells on it.
They both moved South, built their power base in the South, ran for office as Texans, and returned to Texas to live. Heck, Dubya even had a ranch and everything.
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