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To: WhiskeyX
The Articles of Confederation and the Constitution explicitly made the Union perpetual until and unless the States ratify the secession of a State in exactly the same means by which the State secured accession to the perpetual Union. claims that the Constitution does not forbid unilateral secession are totally false and deceptive.

Untrue. The States seceded from the Articles of Confederation and Perpetual Union, and the first legal treatise written after Ratification acknowledged both the secession from the Articles AND the continued right to do so under the Constitution.

And since the seceding states, by establishing a new constitution and form of federal government among themselves, without the consent of the rest, have shown that they consider the right to do so whenever the occasion may, in their opinion require it, as unquestionable, we may infer that that right has not been diminished by any new compact which they may since have entered into, since none could be more solemn or explicit than the first, nor more binding upon the contracting parties. 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

103 posted on 11/28/2012 12:24:54 PM PST by MamaTexan (It is impossible to follow the Original Intent of the Constitution and NOT acknowledge secession)
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To: MamaTexan

St. George Tucker is one of the jurists the Confederacy relied upon heavily to threaten the Republic with secession throughout the early 19th Century to intimidate anti-slavery states and proponents. He erred in his treatise by wrongly interpreting the Constitutional Convention as an unauthorized exercise of the delegated powers under the authority of the Articles of Confederation. Among the many indicators of his fallacious argument is the way in which the States had to ratify the new Constitution before it took effect in the State and the provisions of the Constitution did not take effect in a State until its ratification of the Constitution. The States demonstrably never seceded from the United States of america upon the adoption of the Constitution. The public laws stemming from the Articles of Confederation remained in effect until repealed despite the adoption of the Constitution to extend the Articles of Confederation. The States of the Union did not revert to the sovereign territory of the United Kingdom of Great Britain upon the adoption of the Constitution.In other words, his argument had no basis in reality, the customary practice of the laws, and conflict with the principles of law he knew full well recognized the Articles of Confederation were never repealed and were instead extended by the additional provisions of the Constitution. So, St. George Tucker’s arguments lack credibiioty and were overruled by the Supreme Court of the United States in Texas v. White.


133 posted on 11/28/2012 1:41:15 PM PST by WhiskeyX
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