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To: Libertarianize the GOP
The whole reason the Constitution was written and adopted was to form a "more perfect" Union since the old one was too weak to maintain. There is no grant of power allowing Congress to tear apart the Union. But there is plenty within the document indicating the unconstitutionality of such a monstrosity.

In order for such a thing to be legal there would have to be a Constitutional amendment allowing disUnion since it goes against the entire logic of forming a Constitution in the first place. There is a reason not a word was spoken on this subject at the Constitutional Convention and that is because it was unthinkable to those true patriots many of whom had risked all on the battlefield fighting for Independence. They were not about to allow all that effort go for naught and allow the nation to be split into 3 sections each allied with a different foreign power. This was a nightmare to the profound thinkers gathered in Philadelphia that summer.

It is not just that "all the evidence taken as a whole" does not allow secession there is NO evidence that any of the founders supported such an idea or that the constitution allows Congress to dissolve the Union. NONE. Read what Jefferson said at his inaugural address in 1801 about those (some of the more lunatic Republicans) advocating secession or disunion.

Read what Washington said in the Farewell Address. Or the Federalist papers for Madison's and Hamilton's views. Or the reaction of H. to the Secessionists attempt to elect Burr NY governor and split the nation. The fools in South Carolina were not the first touched by this insanity.

I will bet that for any other issue the doctrine of implied powers is anathema to you. Why would you ditch that belief to allow the Union to be destroyed?
164 posted on 12/12/2002 12:09:57 PM PST by justshutupandtakeit
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To: justshutupandtakeit
Let us try this for a moment, just pretend and I know you disagree with this. Assume the constitution did not in your opinion prevent secession then Article IV section 3 would allow the Federal Government to dispose of any property that it claimed but which was within the boundaries of the newly free State(s).

Now unless you disagree with the prior supposition? What other powers that belong to the Federal Government could not by using that very enumerated power be negotiated with a State that wanted to secede. Or any legitimate power belonging to the Federal Government, the Federal Government could decide to forego exercising and allow a State to Secede without violating any Constitutional provision. If the Federal Government has a power then by necessity it also has the power to allow any State to assume that power over it’s territory when that State secedes.
176 posted on 12/12/2002 2:56:48 PM PST by Libertarianize the GOP
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To: justshutupandtakeit
There is a reason not a word was spoken on this subject at the Constitutional Convention and that is because it was unthinkable to those true patriots many of whom had risked all on the battlefield fighting for Independence.

You might want to enlighten yourself on the Declaration of Independence. It says that the states are "FREE AND INDEPENDENT", and as such have the right to levy war make peace, contract alliances, and do all things that INDEPENDENT STATES may of right do. The Constitution is an alliance. Federalist 39 says that the only bind to the Constitution is by the states' own VOLUNTARY acts. The Constitution does not bind the State into the Union, the State's choice of being a member of the Union is the ONLY THING that binds it, according to JAMES MADISON. What you are saying goes against the very spirit, grain and fabric of what America is founded on - independence and free will.

Just Shut Up and Take it. The South was Right.

188 posted on 12/12/2002 8:06:54 PM PST by H.Akston
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