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To: dark_lord
From this perspective, it does not matter even if the North started the war. Any armed resistance would be "levying war" and thus could be defined as treasonous.

If that is indeed the case, than the government which would adhere to such a definition is itself calling upon a doctrine no different than the old monarchies of Europe - that the might of the state determines right from wrong, and that any resistance to that might, no matter how externally legitimate, qualifies as "treason" on the grounds that it is a form of resistence.

Spooner's argument counters this possibility by presuming, as had universally been admitted, that the United States came into being on greatly different grounds than the old European monarchies where the king was the state, the state was right, and any resistance to the state or king was therefore in the wrong. If indeed the United States formed under different terms, then the act of secession could not have been treasonous. If the act was treasonous though, then the United States would be exerting claims to a power of no noticeable difference from that claimed by the European monarchies, thus meaning that the entire theoretical premise they claimed for exerting that power - to preserve the American "experiment in self government" and prove to the world that it could succeed - was nothing more than a sham.

12 posted on 02/24/2003 10:28:50 AM PST by GOPcapitalist
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To: GOPcapitalist
From an academic and philosophical perspective you may be absolutely correct. Nevertheless, treason is specified in the US Constitution as: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." They did levy war. Therefore they did commit treason. Otherwise you have to argue that the Constitution does not mean what it says, but only means it under certain circumstances or conditions.
14 posted on 02/24/2003 1:59:24 PM PST by dark_lord
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