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To: Frumious Bandersnatch
Article I, Section 10 pertains to states within the Union. Let it not be forgotten the Southron states seceded as independent republics or states first, and then aligned with the Confederate States of America.

The CSA was not even created before the states seceded. Consider the order of secession:

South Carolina, Convention passed Ordinance of Secession, 20 Dec 1860

Mississippi, Convention passed Ordinance of Secession, 9 Jan 1861

Florida, Convention passed Ordinance of Secession, 10 Jan 1861

Alabama, Convention passed Ordinance of Secession, 11 Jan 1861

Georgia, Convention passed Ordinance of Secession, 19 Jan 1861

Louisiana, Convention passed Ordinance of Secession, 26 Jan 1861

Texas, Convention passed Ordinance of Secession, 1 Feb 1861 (admitted to CSA 23 Feb)

Constitution of the Confederate States of America signed 11 March 1861

Virginia, Arkansas, North Carolina, Tennessee, Missouri, and Kentucky were admitted between 4 April - 10 December 1861 (after Lincoln's call for troops).

***********************

Pray tell, how can a state exercise powers that it is specifically prohibited from exercising?

The real question we should be asking is how can the federal government assume rights not specifically delegated to it?


817 posted on 06/03/2002 10:36:45 PM PDT by stainlessbanner
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To: stainlessbanner
Article I, Section 10 pertains to states within the Union. Let it not be forgotten the Southron states seceded as independent republics or states first, and then aligned with the Confederate States of America.

Impossible and invalid in US law.

An ordinance or act of secession is a "thing" in the laws of a state which is clearly blocked by the Supremacy clause.

The Judiciary Act of 1789 requires that controversies between the states be submitted to the Supreme Court.

Read it and weep.

Walt

827 posted on 06/04/2002 4:29:35 AM PDT by WhiskeyPapa
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To: stainlessbanner
Every single CSA state, in their secession statements, indicated that under the Union they had no prior right of sovereignty and that state laws trumped constitutional ones.

Alabama went so far as to schedule a constitutional convention for the CSA in Montgomery on February 4, 1861 before she even seceded.

Tell me, where in the constitution does it say or imply that state laws take precedence over constitutional ones?
841 posted on 06/04/2002 7:10:52 AM PDT by Frumious Bandersnatch
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