Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

The State Secession Issue & Texas v. White
Intellectual Conservative ^ | June 27th, 2009 | Steven D. Laib

Posted on 06/28/2009 8:16:03 AM PDT by cowboyway

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-30 last
To: hellbender

So I guess our founders who really only had between 33%-50% of the population at one time shouldn’t have tried either..


21 posted on 06/28/2009 12:51:59 PM PDT by JSDude1 (DHS, FBI, FEMA, etc have been bad little boys. They need to be spanked and sent to timeout!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: raptor29

That is why a state realistically needs to first pass it’s own “honest money” bill and allow/or create a commodoties backed State currency first, when economy has been built SS will no longer be necessary!


22 posted on 06/28/2009 12:54:51 PM PDT by JSDude1 (DHS, FBI, FEMA, etc have been bad little boys. They need to be spanked and sent to timeout!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: JSDude1
What I'm saying it, just don't underestimate the difficulty of secession or any other revolutionary solution to our problems. Many posters seem to think that a few small arms in the hands of "bitter clingers" can save the country. The South had a ready-made military establishment in the form of U.S. Army vets who defected to the CSA. They confiscated the weapons, including artillery, of the Federal bases within their borders. They had a real army. They fought bravely. Yet they lost.

The 0bammunists would come at any popular "rebellion" with overwhelming military force, just as Chavez, the Iranian mullahs, and the Soviets have done. The only chance for success is if a substantial part of the existing armed forces turn on the regime.

23 posted on 06/28/2009 1:47:17 PM PDT by hellbender
[ Post Reply | Private Reply | To 21 | View Replies]

To: hellbender
"The 0bammunists would come at any popular "rebellion" with overwhelming military force, just as Chavez, the Iranian mullahs, and the Soviets have done. The only chance for success is if a substantial part of the existing armed forces turn on the regime."

That's because the US Constitution requires the Federal Government to defeat rebellions, insurrections, invasions and domestic violence. So fageddaboutit.

So, do you want to secede? Do you really truly honestly sincerely want to secede? OK, here's how you do it:

You secede the exact same way you got into the Union in the first place -- your state government applies to the US Congress to secede. Then you negotiate, and negotiate and negotiate -- possible for years.

When it's all said & done, there is a new contract -- a new constitution which is ratified just like the old one, and provides for the seceding states in whatever status & term were finally agreed to.

There is no blood-shed, no law breaking, no violence. It's all done in a very civilized, peaceful manner.

Does that sound unrealistic? Well of course, but it's the only POSSIBLE way. Anything else and your violence will be met with overwhelming constitutionally mandated Federal force.

24 posted on 06/28/2009 2:59:55 PM PDT by BroJoeK (a little historical perspective...)
[ Post Reply | Private Reply | To 23 | View Replies]

To: hellbender

Overwhelming military force against #1) The State sponsored Militias, Police Forces as well as activated “home guard” (all willing able bodied men) 2) Unorganized patritiots which would defend the homeland, 3)National Guard Units called by governors, and finally #3 A large portion of our militiar which would either A) Stay out, or B side with US because they take their OATHS seriously, and as long as we arent the instigators of the war, nor the agressors, and try for peace- I dont think The O’s brown-shirts will get very far.


25 posted on 06/28/2009 3:10:47 PM PDT by JSDude1 (DHS, FBI, FEMA, etc have been bad little boys. They need to be spanked and sent to timeout!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: stainlessbanner; MeekOneGOP; Jack Black

Ping


26 posted on 06/28/2009 3:26:37 PM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*CCRKBA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JSDude1

Similar arguments no doubt were BRIEFLY comforting to Southerners in 1860.


27 posted on 06/28/2009 10:14:05 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
[ Post Reply | Private Reply | To 25 | View Replies]

To: cowboyway
Chase's reasoning [began] with language in [the] Preamble to the Articles of Confederation, which stated the intent that the union under their auspices was to be "perpetual." Because the Articles were replaced by the Constitution in 1789, with a stated purpose "to form a more perfect Union", Chase argued that this "more perfect union" was one that could never be broken under any circumstances.

True - but it was an idiotic argument.

Nowhere in the body text of the Articles or the Constitution was it stated that the Union was to be permanent or perpetual.

False - Article XIII (IIRC) of the Articles of Confederation referred to a 'perpetual union,' but the States that ratified the new Constitution seceded from that supposed;y 'perpetual union,' when they submitted their ratification documents. As James Madison noted in Federalist No. 43,:'

"The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States, ratifying the same."
This article speaks for itself...
Two questions of a very delicate nature present themselves on this occasion...
2. What relation is to subsist between the nine or more States ratifying the Constitution, and the remaining few who do not become parties to it?
...The second question is not less delicate; and the flattering prospect of its being merely hypothetical forbids an overcurious discussion of it. It is one of those cases which must be left to provide for itself. In general, it may be observed, that although no political relation can subsist between the assenting and dissenting States, yet the moral relations will remain uncancelled. The claims of justice, both on one side and on the other, will be in force, and must be fulfilled; the rights of humanity must in all cases be duly and mutually respected; whilst considerations of a common interest, and, above all, the remembrance of the endearing scenes which are past, and the anticipation of a speedy triumph over the obstacles to reunion, will, it is hoped, not urge in vain MODERATION on one side, and PRUDENCE on the other.

The ratification of the Constitution was, in fact, an act of State secession from a self-described 'perpetual union'...

The report of the Annapolis Convention of 1786 revealed that a real danger of dissolution of the Pre-1789 Confederation existed, and that if the Constitution had not been created, it is likely that the original states would have gone their separate ways.

They went 'their separate ways,' when they ratified the new Constitution, under the specific written terms of Article VII thereof ("The Ratification of the Conventions of nine States [NOT THIRTEEN States - see Article XIII of the Articles of Confederation], shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same")...

28 posted on 07/06/2009 6:12:50 PM PDT by Who is John Galt? ("Sometimes I have to break the law in order to meet my management objectives." - Bill Calkins, BLM)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Who is John Galt?

Sorry about the typo[s]...


29 posted on 07/06/2009 6:16:49 PM PDT by Who is John Galt? ("Sometimes I have to break the law in order to meet my management objectives." - Bill Calkins, BLM)
[ Post Reply | Private Reply | To 28 | View Replies]

To: cowboyway

i am a scholar in china and doing research about the texas v white. your opinion is very interesting. do you know some scholars who have the same opinions with you and have got them published. thank you. my email address is song04146@hotmail.com


30 posted on 08/13/2009 7:19:58 AM PDT by yunwei
[ Post Reply | Private Reply | To 29 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-30 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

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