Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: republicanwizard
The Constitution never gave the federal government the right to force any state to remain in the union. Therefore, the states retained the right to leave the union when the people of those states decided that it was in their interest to do so.

The Constitution would not have been ratified had there been a prohibition on leaving the union. New York and Virginia explicitly put that right into their ratification documents. Without NY and VA in the union there would have been no union and without the right to secede the people of those states would have never ratified the Constitution.

The Ninth and Tenth Amendments are very clear on the subject. If the Constitution does not specifically grant a power to the federal government the states retain that power.

There is no place in the Constitution that says no state may ever leave the union. Therefore, they have the right to leave just like they had the right to join or not join.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
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.

174 posted on 04/16/2003 12:28:14 PM PDT by Sequoya
[ Post Reply | Private Reply | To 155 | View Replies ]


To: Sequoya
The Constitution never gave the federal government the right to force any state to remain in the union.

The Supreme Court said otherwise in 1862.

"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."

Walt

177 posted on 04/16/2003 12:35:29 PM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
[ Post Reply | Private Reply | To 174 | View Replies ]

To: Sequoya
"The Constitution never gave the federal government the right to force any state to remain in the union. Therefore, the states retained the right to leave the union when the people of those states decided that it was in their interest to do so."

This is inherently not true. I have already cited statements in the Constitution to the contrary. At the very least, permission of the Congress was required.

"The Constitution would not have been ratified had there been a prohibition on leaving the union. New York and Virginia explicitly put that right into their ratification documents. Without NY and VA in the union there would have been no union and without the right to secede the people of those states would have never ratified the Constitution."

Those reservations do not have binding legal authority and are not necessarily valid. Ratification did not give the states the right, willy-nilly, to break whatever clause didn't suit their purposes.

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Yes, the South was violating the rights of African-Americans and deserved to be punished.






178 posted on 04/16/2003 12:36:05 PM PDT by republicanwizard
[ Post Reply | Private Reply | To 174 | View Replies ]

To: Sequoya
Amendment X

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.

How can the 10th amendment apply when the Congress is given the clear power to provide for the common defense and general welfare?

It doesn't.

Walt

179 posted on 04/16/2003 12:36:46 PM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
[ Post Reply | Private Reply | To 174 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson