To: Frumious Bandersnatch
The states have cannot legally assume powers denied them in Article I. The listed prohibitions are for states IN the union. Nowhere in Article I (or anywhere else) is there to be found a prohibition against secession. All you throw out is a prohibition against confederacies/treaties. What stops a single state from seceding? Bonus questions: How many attempts does a state get for ratification? Assuming more than one, why would the subseqent attempts be more valid than the fisrt? What's the limit?
Furthermore, the very act of secession puts states laws above the constitution (which is a no-no) since the secession ordinance itself is a state law.
Sigh. The Constitution is sovereign ONLY where such has been delegated. The supremacy clause confers no power.
902 posted on
06/04/2002 12:56:23 PM PDT by
4CJ
To: 4ConservativeJustices
Sigh. The Constitution is sovereign ONLY where such has been delegated. The supremacy clause confers no power.
Where are you coming from? Of course the supremacy clause confers power. It states that the constitution (and treaties and laws made in pursuance of it) are the supreme law of the land. That trumps any state laws period.
You are also ignoring the fact that there are, in fact, delegated powers that none of the federated states has ever been allowed to exercise (treaties, declaring war, etc.).
So, given the fact that the only way to reclaim sovereignty is for states to assert state laws trump constitutional laws, there is no mechanism for secession.
Go read the secession statements sometime. Most of them claim that they are reclaiming their sovereignty. Thus they admit that they had no sovereignty under the Union.
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