To: Frumious Bandersnatch
Everything you cite refers to states within the union - not states that are out of the union. The issue that must be resolved first is the legality of secession. The US government had no control over Rhode Island and Providence Plantations until she ratified (on her 13th attempt). She and two others expressly reserved the right to resume the powers of self-government.
If said constitution is the supreme law of the land, no state can make treaties, set aside the federal government, or make any law which trumps the constitution.
And what I'm trying to get you to explain, is where is any prohibition against secession. I agree about the treaties, and about laws, but where is something to prevent the states from setting "aside the federal government"?
812 posted on
06/03/2002 2:58:30 PM PDT by
4CJ
To: 4ConservativeJustices
Two points here. Firstly, when you point out the fact that this has bearing only on states within the Union, you are correct. However, for a state within the Union to secede, they must pass a resolution of secession which then becomes a law. This is putting state laws above constitutional laws which contradicts the supremacy clause. Every state that seceded put state laws above constitutional ones. In fact, many said as much.
Secondly, If you have multiple wills, the last one invalidates all previous ones and is the only one which has force of law. Likewise, it doesn't matter how many resolutions were passed by various state legislatures concerning their sovereignty. Once they ratified the constitution, they were bound by it as a superior law to their own.
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