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To: Non-Sequitur
To withdraw from the Union comes not within the general scope of their delegated authority.

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.

750 posted on 09/25/2003 9:36:28 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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To: 4ConservativeJustices
Georgia nominated delegates to a secession convention. So did Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Virginia.

South Carolina did not, the legislature set up the convention and approved secession on their own. North Carolina put the matter to the people, who voted against it, and then the legislature seceded anyway. The Texas legislature and the Virginia legislature voted to secede, claiming that the action was pending the approval of a popular referendum, but both states were admitted to the confederate states before those referendum took place.

But that didn't answer the question, did any of the state legislatures have the authority Rawle mentioned to take their state out of the Union? If so, then what gave them that authority and when did they get it?

780 posted on 09/26/2003 3:55:07 AM PDT by Non-Sequitur
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