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To: Huck
I have said before that the slavers would have been on more solid footing had they called for a Constitutional convention.

I need to consider further whether there would be a material difference between a 'constitutional covention' and a convention to debate seccession - assuming each dwelt on the constitutionality of federal action.

337 posted on 05/14/2003 9:34:17 AM PDT by Gianni (Peace, Love, and Biscuits and Gravy)
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To: Gianni
I need to consider further whether there would be a material difference between a 'constitutional covention' and a convention to debate seccession - assuming each dwelt on the constitutionality of federal action.

Let me just clarify my point--constitional may not even be the best term for it. The key point for me would be that all states were in attendance, and all states would agree to a set of rules. But then, I go around in circles, because the states already have such a body--it's called Congress. And they have two different means of amending the Constitution. And the Scotus. Failing all of that, in extreme cases, Madison would admit the right of the states to preserve their rights.

But there we fall into that question of what is extreme and what isn't. There's no clear definition of that. IMO, the slave states fail on all counts. Heck, they had their way in Congress all the way back to 1787. They were clearly willing to secede over actions that were constitutional. Like a Presidential election. No convention would cure that. However, if they wanted to leave the Union, to me, you could have at least held some sort of convention, where all the parties are present and agree to the rules.

Again, that seems absurd, given the Congress and the other departments in existence for the purpose of collective agreement.

338 posted on 05/14/2003 9:46:57 AM PDT by Huck
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