Nobody's denying what Scalia said. No one ever has.
What you won't get any of the framers to say is that unilateral secession is allowed in U.S. law.
You can't seem to even find anyone who gainsaid Jay and Wilson's statements that I quote above. No one was denying the primacy of the federal government in the 1790's. No one did-- until Calhoun made up the ideas of nullificatiion and secession from whole cloth.
Walt
What you won't get any of the framers to say is that unilateral secession is disallowed by the Constitution OR in U.S. law.
You can't seem to even find anyone who gainsaid Jay and Wilson's statements that I quote above. No one was denying the primacy of the federal government in the 1790's. No one did-- until Calhoun made up the ideas of nullificatiion and secession from whole cloth.
Walt, the 11th Amendment OVERTURNED/NEGATED the specious decision against state sovereignty. An amendment to the Constitution addressed the issue of sovereignty, by stating that the "Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
The stateS overturned the decision, in and of itself proving that the Federal government/Supreme Court is not supreme, and that the states remain individual entities, retaining all sovereign rights not delegated.