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To: sheltonmac
As it stands, secession falls under the protection afforded by the Ninth and Tenth Amendments.

Jefferson Davis didn't think so.

"Conscription dramatized a fundamental paradox in the Confederate war effort: the need for Hamiltonian means to achieve Jeffersonian ends. Pure Jeffersonians could not accept this. The most outspoken of them, Joseph Brown of Georgia, denounced the draft as a "dangerous usurpation by Congress of the reserved rights of the states...at war with all the principles for which Georgia entered into the revolution." In reply Jefferson Davis donned the mantle of Hamilton. The Confederate Constitution, he pointed out to Brown, gave Congress the power "to raise and support armies" and to "provide for the common defense." It also contained another clause (likewise copied from the U.S. Constitution) empowering Congress to make all laws "necessary and proper for carrying into execution the foregoing powers." Brown had denied the constitutionality of conscription because the Constitution did not specifically authorize it. This was good Jeffersonian doctrine, sanctified by generations of southern strict constructionists. But in Hamiltonian language, Davis insisted that the "necessary and proper" clause legitimized conscription. No one could doubt the necessity "when our very existance is threatened by armies vastly superior in numbers." Therefore "the true and only test is to enquire whether the law is intended and calculated to carry out the object...if the answer be in the affirmative, the law is constitutional."

--Battle Cry of Freedom, James McPherson P.433

Your position is fantasy. If the federal government can coerce the states in the matter of conscription, why not secession?

Walt

51 posted on 05/08/2002 8:46:55 AM PDT by WhiskeyPapa
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To: WhiskeyPapa
"If the federal government can coerce the states in the matter of conscription, why not secession?"

You're opening another can of worms. The Constitution only allows Congress to conscript the militias from the various states, not individual citizens. The drafting of individuals was wrong in both the North and the South. But let's save the debate over conscription for another thread.

53 posted on 05/08/2002 8:55:30 AM PDT by sheltonmac
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To: WhiskeyPapa
First of all no matter how many quotes you make from people and leaders it comes down to the basic fact the south was being done wrong. Abolitionists hid behind the slavery issue when their real goal was power. Tell me this why didn't Lincoln immediately issue the emancipation proclamation when the war started? And when he did it only freed slaves in enemy land?
55 posted on 05/08/2002 9:13:41 AM PDT by JohnnyReb1983
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