If it went that far, it would not be settled in the courts. I didn’t hear of any litigation after Ft. Sumter was seized by the South Carolina militia. What you’re talking is CW2.
Kinda the point.
I didn’t hear of any litigation after Ft. Sumter was seized by the South Carolina militia. What you’re talking is CW2.
There actually was, well, after the Civil War… what's interesting though is that the generals and leaders weren't tried for treason. —— There are some that suppose that it was because trying would force a legal no-win for the US: the assertion that they were engaging in treason would entail the assertion that the several states cannot voluntarily leave (which is not supported by the Constitution) but also would mean that the North was guilty of Treason as well as it literally was waging war on several of the states.