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To: ought-six
It’s your belief that states can only secede by complying with the four elements YOU have established.

Hardly. Step one is common sense; you should have a majority of your people supporting your leaving shouldn't you? Steps two and three come from James Madison. Step four about waving bye-bye was license on my part.

The simple fact and truth is that in 1860-61 secession was not precluded under the Constitution.

It turns out unilateral secession was, as the court ruled in 1869. And BTW, Chief Justice Chase also endorsed steps two and three in his decision.

That made for lively debate, but not application of law.

Which is why it took the 1869 court decision to set it to rest.

204 posted on 02/19/2010 4:04:55 AM PST by Non-Sequitur
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To: Non-Sequitur
You talk of common sense, and what a majority of the people would want. Well, that's all well and good; but it's also Pollyannish.

We are a nation of laws, not of men. The law, for good or ill, is determinant. Can we ignore it, or break it? Certainly. But if we choose to live by the law we must necessarily be bound by it, and accept the consequences of running afoul of it.

Common sense is not necessarily the equivalent of law.

226 posted on 02/19/2010 6:18:46 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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