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To: Non-Sequitur
The only fact is that they didn't have a right to issue it at ANYTIME!
98 posted on 06/26/2002 5:02:29 AM PDT by TexConfederate1861
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To: TexConfederate1861
The didn't issue it at any time, they issued it as soon as the matter came before the court. The Supreme Court cannot issue advisory rulings. The cannot go to a state or to Congress and say, "You had better not do that because we think it's unconstitutional." The separation of powers precludes that. So when the issue of secession came before the court in 1869 then they were able to issue their ruling on the legality of secession.

Secession was a central issue in Texas v. White because the defense was arguing that since Texas had left the United States and was currently governed under reconstruction law then she was not actually a state and did not have the right to have the case heard by the Supreme Court. The Court, in a 5-3 majority, ruled that secession as practiced by Texas was illegal and therefore Texas had never ceased to be a state even when she was in rebellion. This was the first time the issue had been taken to the court and the ruling was proper. The fact that it was issued 8 years later means nothing. Most Supreme Court decisions are made years after the fact.

104 posted on 06/26/2002 6:02:21 AM PDT by Non-Sequitur
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