But only if the President himself acts within the framework of thr Constitution, which Lincoln did not.
But only if the President himself acts within the framework of thr Constitution, which Lincoln did not.
The Supreme Court said otherwise.
"By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot declare was against a State, or any number of States, by virtue of any clause in the Constitution. The Constitution confers on the President the whole Executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations, and to suppress insurrection against the government of a State or of the United States...
All persons residing within this territory whose property may be used to increase the revenues of the hostile power are, in this contest, liable to be treated as enemies, though not foreigners. They have cast off their allegiance and made war on their Government, and are none the less enemies because they are traitors."
--The Prize Cases from the December, 1862 term
Walt
Sorry Charlie, but six states had already seceded before Lincoln was even sworn in. Here are they violations of the Constitution by the secessionist states:
Article I. Section. 10. Clause 1:
No State shall enter into any Treaty, Alliance, or Confederation;
Article I. Section. 10. Clause 3:
No State shall, without the Consent of Congress ... enter into any Agreement or Compact with another State ... or engage in War
Article III. Section. 3. Clause 1:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
Article VI. Clause 3:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;
Clearly the state governments faild to support the US Constitution. They engaged in treason by making war against the US. They entered into an agreement/compact with other states and made war. They entered into a confederation.
Do you neo-Confederates really have that much trouble reading the plain language of the Constitution -- or are you all really Lysander Spooner anarchists?