Any history of the convention makes it clear that what secession proposals there where, and they were a few made by a small minority of the delegates, were not taken seriously and had not chance of being adopted. Confederate supporters love to point to the Harford Convention as acceptance of secession but overlook the fact that no secession was proposed by the convention much less attempted.
2. And I will repeat that Madison did not say that states could not secede, certainly not later in life. The question is how that secession comes about and Madison believed that it must be done with the consent of the states that are staying as well as the states that are leaving. Unilateral secession as advocated by you makes a complete mockery of the Constitution.
No they did not relinquish their right to decide on their own form of government. The Constitution merely stated that a state must have a republican form of government. The Founders did not want states with tyrannical forms of government being in the voluntary union. If a state wanted to adopt a form of government other than a Republican one, they could not stay in the voluntary union.
State Judiciaries were very much supreme. Remember that the federal courts are courts of limited subject mater jurisdiction. State courts are courts of unlimited subject matter jurisdiction. No they did not give up “every other power that makes a sovereign country a sovereign country.
A 1 minute google search turned up a 1996 ruling in which the US Supreme Court affirmed once again that states are sovereign. Seminole Tribe of Florida v. State of Florida, 116 S. Ct. 1114 (1996). In Seminole, the Court held that, in light of the “background principle” of sovereign immunity that underlay the Eleventh Amendment, Congress has no power under the Commerce Clauses of Article I of the Constitution to subject the States to citizen suits in federal court without their consent.
Yet you try to claim states surrendered their sovereignty. Amazing.
Here is the wording of 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.
Let’s see.....the power to prevent secession was NOT DELEGATED (notice the word delegated?) to the Uninted States. Therefore it is RESERVED to the states. Your argument of an implied grant of power to the US is null and void.
There is no evidence that they even seriously discussed it.
and I will repeat that Madisons views about this which he expressed decades after ratification are not relevant.
Not to you at least. But I'll refer you, yet again, to his letter to Hamilton.
No they did not relinquish their right to decide on their own form of government. The Constitution merely stated that a state must have a republican form of government.
So no monarchy? No benevolent despotism? No parliamentarian form? Even if the state wanted one? How sovereign of them.
State Judiciaries were very much supreme. Remember that the federal courts are courts of limited subject mater jurisdiction.
But still supreme over state or local courts in matters that fall under their jurisdiction. And don't forget that federal law is supreme if and when state or local laws conflict with it. Subordinate to the federal government.
No they did not give up every other power that makes a sovereign country a sovereign country.
They certainly did.
A 1 minute google search turned up a 1996 ruling in which the US Supreme Court affirmed once again that states are sovereign. Seminole Tribe of Florida v. State of Florida,
Next time spend more than a minute on your search. Or at least read the decision.
Lets see.....the power to prevent secession was NOT DELEGATED (notice the word delegated?) to the Uninted States. Therefore it is RESERVED to the states. Your argument of an implied grant of power to the US is null and void.
The power to prevent it is implied in Article I and Article IV. You can continue to repeat your nonsense about not specifically being prohibited and I'll repeat my contention that it is implied. We can do this all night.
That is literally the only word that is different from the test as you would have it. The burden of proof that this power was given to the federal government lies with those who would claim it was - ie you - not with the states which had this power from the start.
And I've given my evidence time and time again.