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To: Michael Zak
"As for states not having the right to secede, that is obvious, as the United States was created with the ratification of the Constitution hence only a legal dissolving of the same could allow a state to become independent."

This is total BS. No state would have ever joined the union if they thought they could not secede if the Federal gubmint became too overbearing. It had been less than 100 years since the Revolutionary war and gubmint oppression was fresh on everyone's minds. States do indeed have the power and the right to secede. State Legislatures had to approve entry into the union and State Legislatures can decide to pull out if the people of that state deem it necessary to do so. It was the Feds who said no to this and that is what sparked the war. It's been a downhill slide in terms of a massively overreaching Federal gubmint every since.....

10 posted on 08/05/2010 6:16:53 AM PDT by Thermalseeker (Stop the insanity - Flush Congress!)
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To: Thermalseeker
No state would have ever joined the union if they thought they could not secede if the Federal gubmint became too overbearing.

1/3 of the states joined the Union during or after the Civil War, when it was pretty clear secession wouldn't fly.

36 posted on 08/05/2010 6:43:55 AM PDT by ReignOfError
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To: Thermalseeker

Yep.....


39 posted on 08/05/2010 6:46:10 AM PDT by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: Thermalseeker

Virtually every word of your post indicates that you do NOT know how the Constitution was created nor what it actually means.

Legislatures were DELIBERATELY kept out of the ratification process because the intent was to keep them from using the argument you use. A constitution is not an ordinary law which can be changed by legislative action. The founders made sure that was the case.

State legislatures in NO way approved entry into the Union. Their ONLY role was to establish CONVENTIONS within the states to decide the issue.

The “feds” sparked nothing. Lincoln had to defend US institutions and property ATTACKED by the slavers.


126 posted on 08/05/2010 8:29:43 AM PDT by arrogantsob
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To: Thermalseeker; arrogantsob
States do indeed have the power and the right to secede. State Legislatures had to approve entry into the union and State Legislatures can decide to pull out if the people of that state deem it necessary to do so.

There is a distinction to be made here between actions of a State and actions of the state legislature. arrogantsob at #126 is correct, it required an action of the State to ratify the Constitution, and the secession ordinances were similarly ratified, except where a plebiscite was called for as well.

The difference is that the State is the People and the People are the State, whereas the legislature is, well, the legislature in that State, and its enactments take place at a lower pay grade than the People who, sitting in convention as the People in full regalia, are the equals of emperors and answer to no mortal man, indeed to no Entity that does not call Himself "Who Am".

The confusion comes in, I think, where the Framers allowed for amendments to the Constitution (which are sovereign acts, like the original ratification conventions) to be ratified by votes of the States' legislatures, as well as by conventions of the People.

562 posted on 08/13/2010 7:16:46 PM PDT by lentulusgracchus
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