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To: 4ConservativeJustices
The Confederacy was not engaged in rebellion or revolution, they did not attempt to overthrow the US government, they simply rescinded their ratifications per Artilce IV, resumed their delegated powers, and formed a new union.

Can't do that. Besides the Militia Act, it violates the guarantee that each state will have a republican government. If a state could leave, that would no longer apply.

A state may not disgard the law at will or pleausre,

Walt

744 posted on 09/25/2003 6:47:25 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa
Besides the Militia Act, it violates the guarantee that each state will have a republican government.

A republican government does not mean one loyal to the US, it means "representative" government, a government of the people. Hamilton once asked (18 Jun 1787), in reference to a single executive (aka monarch) being elected, 'Is this a republican system? It is strictly so, as long as they remain elective.' In Federalist No. 43, Madison wrote, 'The only restriction imposed on them [the states] is, that they shall not exchange republican for antirepublican Constitutions.' Madison summed it up in Federalist No. 39,

'we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.'

If a state could leave, that would no longer apply.

Hey, you're finally understanding.

749 posted on 09/25/2003 8:55:03 AM PDT by 4CJ (Come along chihuahua, I want to hear you say yo quiero taco bell. - Nolu Chan, 28 Jul 2003)
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