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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)
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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)
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