Guess What Folks - Secession Wasn't Treason

The Copperhead Chronicles ^ | August 2007 | Al Benson

[BnBlFlag]

An excellent commentary on the issue of secession.

[EdReform]

Ping

[BnBlFlag]

Dixie Ping!

[Non-Sequitur]

Well, you see, it's only treasonous if the South does it.

Because only the South actually did it. And their acts of secession, while illegal, weren't necessarily treasonous as the Constitution defines it.

[FreedomCalls]

And their acts of secession, while illegal ...

Just curious here. For an act to be illegal it has to violate a law. Which law was violated by the Southern States' secession?

[Borges]

Don’t you need an Act of Congress to secede?

[Non-Sequitur]

Just curious here. For an act to be illegal it has to violate a law. Which law was violated by the Southern States' secession?

The Constitution. You know that Chief Justice Chase who Benson quoted? Look up what he had to say on the matter. Texas v White, 1869.

[ladtx]

Uh-oh - time to crank up the popcorn machine.

[tdewey10]

Secession is unconstitutional. There is no enacted law prohibiting, but there is little doubt that Congress could enact such a law (though why it would who knows).

There is no provision for leaving the Union. Once the states agreed to join they were stuck for better or worse.

[wideawake]

Stupid commentary.

Any discussion of secession which analogizes the Confederacy leaving the Union to the US leaving the British Empire is prima facie worthless.

[The Great RJ]

"....It's much more lucrative for them (and it gets more press coverage) if they spend their time and resources attacking Confederate symbols."

That's the real issue. The Black leadership is not serious about fixing the many problems faced in the Black community but enriching themselves and making themselves power brokers with the liberal establishment. Every problem in the Black community is excused with it's the man's fault and that more money should be poured into their special causes to sooth white guilt and make reparations for slavery. When Blacks like Bill Cosby suggest that many of the problems in the Black community are self caused and should be addressed from within they are vilified. Jesse Jackson and Al Sharpton are prime examples of what is wrong and why nothing is getting fixed.

[Non-Sequitur]

There is no provision for leaving the Union. Once the states agreed to join they were stuck for better or worse.

I disagree. Since approval of Congress is needed for a state to be admitted or for any change in their status or borders after admission, then by implication there is no reason why a state can't leave with the approval of Congress as well. In his Texas v. White decision, Chief Justice Chase seemed to hold out that possibility.

[allmendream]

Could they pass one Omnibus Secession Bill? Even if they had a legislative majority and no fear of a Presidential veto, it would be a game of diminishing returns if the states allowed to secede couldn’t vote on the secession of subsequent southern states.

[BnBlFlag]

“Once the states agreed to join they were stuck for better or worse”.
In other words, the U.S. is like the Mafia or MS-13, once you’ve joined you can never leave.
The United States of Hotel California.

[swain_forkbeard]

“There is no provision for leaving the Union. Once the states agreed to join they were stuck for better or worse.”

The second statement does not follow from the first.

One simplistic but fair reading would be that since there is no provision for leaving the Union, and since all authority not specifically granted to the federal government is retained by the various States, then the States retain the right to leave the Union.

[Non-Sequitur]

Could they pass one Omnibus Secession Bill? Even if they had a legislative majority and no fear of a Presidential veto, it would be a game of diminishing returns if the states allowed to secede couldn’t vote on the secession of subsequent southern states.

I hadn't really thought out the mechanics of it, but now that you mention it a single piece of legislation authorizing all 7 state to leave would have had the best chance for success.

[BnBlFlag]

I propose that Mass. and Vermont be “encouraged” to secede immediatly! Also Oregon, Wshington and Califonia.

[Non-Sequitur]

One simplistic but fair reading would be that since there is no provision for leaving the Union, and since all authority not specifically granted to the federal government is retained by the various States, then the States retain the right to leave the Union.

States did not have the right to unilaterally join the Union, how could the retain a right to unilaterally leave?

[stainlessbanner]

Thanks for the ping y’all!

[allmendream]

And at the time it would have to be veto proof because Lincoln was President; and I don't think he would have signed it.