"The people alone as we have already seen, bold the power to alter their constitution. The Constitution of the United States is to a certain extent, incorporated into the constitutions or the several states by the act of the people. The state legislatures have only to perform certain organical operations in respect to it. To withdraw from the Union comes not within the general scope of their delegated authority. There must be an express provision to that effect inserted in the state constitutions. This is not at present the case with any of them, and it would perhaps be impolitic to confide it to them. A matter so momentous, ought not to be entrusted to those who would have it in their power to exercise it lightly and precipitately upon sudden dissatisfaction, or causeless jealousy, perhaps against the interests and the wishes of a majority of their constituents."
Can you confirm that the lack of power that Rawle spoke of was ever conferred to the state legislatures? If not then wouldn't that mean the state legislatures acted unconstitutionally in seceding, at least as Rawle saw it?
True. The PEOPLE of each state - not the legislatures - selected their delegates to their respective state conventions. It requires an act by the PEOPLE, not the legislature to rescind ratification, and resume the powers they had delegated.
If not then wouldn't that mean the state legislatures acted unconstitutionally in seceding, at least as Rawle saw it?
Georgia nominated delegates to a secession convention. So did Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Virginia.
..."as Rawle saw it" being the operative words. This issue was actually debated at length in 1861 with some states concluding a convention was the way to exit the union. Others, such as Tennessee, explicitly rejected that concept and concluded that an act of the legislature was necessary.