To: lentulusgracchus
I'd have to agree that it was illegal. The "Full Faith & Credit" Clause (Article IV, section 1) states that "the public Acts, Records, and judicial Proceedings of every other State" be given FULL (complete) credit. It does not say that if the federal government dislikes them it can refuse to recognize them ex post facto. Their
Declarations of Secession were executed within the existing laws.
Also in Article I, Section 2: "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." If the seceding state were still a member of the Union - then THAT state - and only that state - could elect replacements.
135 posted on
04/04/2002 4:50:10 AM PST by
4CJ
To: 4ConservativeJustices
Oh come on, 4CJ, you'r really reaching now. That passage from Article I, Section 2 pertains to Congressmen, not state representatives. The Constitution does not give the federal govrnment the authority to tell states how to fill vacancies in their legislatures. And since the Federal government should be working with local authorities to combat rebellion, then it should make every effort to identify and recognize those authorities. Since much of the Virginia legislature were ringleaders in that rebellion Congress recognized those who didn't and allowed them to partition the state.
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