Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Constitutionalist Conservative
The problem was that there was no clear answer agreed upon by all to the question of whether a state could secede or not.

There were only conflicting readings of the Constitution, which didn't directly address the question.

That is not an uncommon situation in constitutional law. Usually it's the courts that resolve the question.

In this case, matter didn't come up before the courts before the attempted secession and resulting war.

The Supreme Court did hear a case and pass judgement on a closely related matter after the war, ruling that unilateral secession at will was not constitutional.

Unfortunately, because of the sequence of events people say that the question was decided by the war -- in other words, by force of arms. That's only because there was no definitive legal ruling before the war.

29 posted on 02/17/2010 5:16:04 PM PST by x
[ Post Reply | Private Reply | To 1 | View Replies ]


To: x

Thank God our founders had no such difficulty with the legality and moral obligation for seceding from a tyrannical government. Or we would still be slaves of Great Britain.


31 posted on 02/17/2010 5:34:46 PM PST by Conservative9
[ Post Reply | Private Reply | To 29 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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