Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: 4ConservativeJustices

"So in others words, you CAN'T cite any section of the Constitution that prevents secession."

That is a terrible straw man argument. So let's go to school. The prevention of secession is implied in the very creation of the Constitution. Our Founders didn't attempt to make the Balkans...they intended to have a government that proetected it's people and they intended for it to be perpetual.

The delegating power in the 10th Amendment is the US Constitution, not the states. The Constitution is the supreme law of the land.

If a state violates the Constitution by exercising a prohibited power, then it is the Federal Government's responsibility to uphold the Constitution and persuade or - if necessary - force the state to return to a state of compliance. That's what supreme law means - if you insist on not obeying it, the government uses force to get you to change your mind.


102 posted on 06/15/2004 6:22:25 AM PDT by rbmillerjr
[ Post Reply | Private Reply | To 99 | View Replies ]


To: rbmillerjr
That is a terrible straw man argument. So let's go to school. The prevention of secession is implied in the very creation of the Constitution.

Secession was a fact with the secession of the states from the Articles of Confederation & Perpetual Union. The right to secede was not prohibited, therefore, the right to leave is implied as well. Again, the 10th reserves ALL powers not delegated nor prohibited to the states. See this is easy.

Our Founders didn't attempt to make the Balkans...they intended to have a government that proetected it's people and they intended for it to be perpetual.

Which is why the founders TWICE rejected attempts to grant the federal government the power to use force against a state, and the framers also rejected Madisons attempt to "prevent disunion". The framers thought so much of the word "perpetual" [used 5 times in the AoC] that they LEFT IT OUT of the Constitution. So much for it being perpetual.

The delegating power in the 10th Amendment is the US Constitution, not the states.

Ignoring for the momemnt that the STATES delegated certain enumerated powers to the government via the Constitution, where is the power DELEGATED by the Constitution to prevent secession?

The Constitution is the supreme law of the land.

Sure, for states WITHIN the Union.

If a state violates the Constitution by exercising a prohibited power, then it is the Federal Government's responsibility to uphold the Constitution and persuade or - if necessary - force the state to return to a state of compliance. That's what supreme law means - if you insist on not obeying it, the government uses force to get you to change your mind.

Please cite what clause of the Constitution was was broken by secession. Where is secession prohibited?

Class over.

105 posted on 06/15/2004 6:38:24 AM PDT by 4CJ (||) Men die by the calendar, but nations die by their character. - John Armor, 5 Jun 2004 (||)
[ Post Reply | Private Reply | To 102 | View Replies ]

To: rbmillerjr; 4ConservativeJustices
So let's go to school. The prevention of secession is implied in the very creation of the Constitution. ... If a state violates the Constitution by exercising a prohibited power, then it is the Federal Government's responsibility to uphold the Constitution and persuade or - if necessary - force the state to return to a state of compliance.

Yes, let's go to school. The 9th Amendment reads as follows:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This was meant to dispel the notion that the rights of the people include only those mentioned in the Constitution.

Now let's look at the 10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In other words, the federal government is only allowed to exercise those powers granted to it by the people through the Constitution. The states, on the other hand, are free to exercise any power that the Constitution does not specifically prohibit. Consider what James Madison wrote in Federalist No. 45:

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
Why is this so difficult to understand? It couldn't be any clearer.
106 posted on 06/15/2004 6:42:18 AM PDT by sheltonmac ("Duty is ours; consequences are God's." -Gen. Thomas "Stonewall" Jackson)
[ Post Reply | Private Reply | To 102 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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