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

To: MamaTexan
“Without the Constitution specifically stating the Union is permanent, indissoluble, perpetual or some other descriptive, it cannot BE so. It's part of what makes it a document for limited government”.

Well MamaT you can rolf all you want but I got that from reading legal opinions on the subject. Jeeze when I started this hip hooray to a pro 2nd amendment individual rights article I hoped against hope that it wouldnt break down into a federalism v states rights argument. This is deja vue all over again for me because I've posted pro-gun articles before and it always seems to happen. But I'll bite. As I said up the thread, I am no legal scholar but when a union goes from perpetual union to a more perfect union, more perfect union doesn't negate perpetual union. One can have both. Or more importantly one can perfect a perpetual union but a perfect union doesn't need to be perpetuated. The framers indended tp perfect a perpetual union. Sorry for the alliteration.

76 posted on 04/21/2009 1:04:16 PM PDT by Delacon ("The urge to save humanity is almost always a false front for the urge to rule." H. L. Mencken)
[ Post Reply | Private Reply | To 70 | View Replies ]


To: Delacon
but I got that from reading legal opinions on the subject.

I've shown legal writings, not just told someone they were wrong and expected them to take my word for it.

I've already mentioned I was more than willing to wait until the discussion became more convenient for you.

-----

Jeeze when I started this hip hooray to a pro 2nd amendment individual rights article I hoped against hope that it wouldnt break down into a federalism v states rights argument. This is deja vue all over again for me because I've posted pro-gun articles before and it always seems to happen. But I'll bite.

Look, I think the finding of the Court is wonderful, even if it is rather misguided. You're the one who jumped in with the 'Notice the word perpetual? That means forever.' post.

Don't rant at me just because I replied.

-----

As I said up the thread, I am no legal scholar but when a union goes from perpetual union to a more perfect union, more perfect union doesn't negate perpetual union. One can have both. Or more importantly one can perfect a perpetual union but a perfect union doesn't need to be perpetuated.

That's like saying your obligated to every detail of every contract you ever signed even if that contract was terminated.

I'm no legal scholar either, but I know the Law doesn't work that way.

The Articles ended, and the word 'perpetual' no longer applies.

-----

The framers indended to perfect a perpetual union

No, they attempted to create a 'more perfect' Union to ensure the happiness of the People. They had no intention of creating a suicide pact.

I've posted information from an acknowledged legal document written by George Tucker, a man of such renown that is considered to be America's Blackstone. He was appointed to a federal judicial position by Madison himself.

Their obligation, therefore, to preserve the present constitution, is not greater than their former obligations were, to adhere to the articles of confederation; each state possessing the same right of withdrawing itself from the confederacy without the consent of the rest, as any number of them do, or ever did, possess.

Of the Several Forms of Government, St. George Tucker, View of the Constitution of the United States, Section XIII

---

It was not my intention to ruin your thread, and if you have no desire to discuss the subject of States rights, that's fine.

I will not, however, simply 'take you word' for any assertions you might make. "You're wrong because I say so" is a pitiful substitute for a rational debate.

80 posted on 04/21/2009 1:55:23 PM PDT by MamaTexan (~ The People of the several States are not 'subject to the jurisdiction' of the United States ~)
[ Post Reply | Private Reply | To 76 | 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