FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
Redbrickbear said:
historian said:
Treason is illegal. It's even clearly defined in the constitution and there is no doubt that the Confederates were guilty: they made war on the U.S., a war they started.
But it was not treason and secession is not illegal.
You really should read the U.S. Constitution some time...secession is no where forbidden in the document.
"To deny this right [of secession] would be inconsistent with the principle on which all of our political systems are founded."
- William Rawle
"The Constitution was to form a gov't for such States as should be willing to unite; it had no application beyond those who should voluntarily adopt it. Among the delegated powers there is none which interferes with the exercise of the right of secession by a State."
"Congress cannot declare war against a state or any number of states, by virtue of the constitution." Nor has the President any power to...declare a war of any sort. He is only authorized by law "to suppress insurrection against the government of a state."-Dunning
"Lincoln had long believed that Southern talk of secession was nothing but bluff. In 1856 he had stated in a speech in Galena, Illinois: "All this talk about the dissolution of the Union is humbug." He grossly underestimated secessionist sentiment and overestimated pro-Union strength in the upper South and border regions." Gutenberg's A Short Life of Abraham Lincoln, by John G. Nicolay
You keep using quotes from people that were found to be wrong. Texas vs White settled this at the highest level, unilateral secession is illegal, period. You can quote every "Lost Cause" apologist you like, it does not change the ruling.
You realize that most of those quotes are from Northern historians and Founding fathers right?
People can have opinions and are not "found to be wrong" by virtue of the fact that you don't like them.
Again lets quote a Northern Chief Justice of the Supreme Court....not a "lost causer" that you are scared of.
[The Chief Justice of the Supreme Court delivered opinion said. "If you bring these leaders to trial it will condemn the north, for by the Constitution, secession is not rebellion." Lincoln appointee Chief Justice Salmon P. Chase, July 1867 (The Civil War, Vol. 3, p. 765)
And White was a case from years after the war....in 1861 there was not Constitutional amendment that prevented Secession, no Congressional law that prevented Secession, and no Supreme Court case that prevented Secession.
Has White vs Texas been revisited? No. It is the law of the land and been so for over 100 years..
A Supreme Court ruling that did not exist in 1861
In 1861 there as not Constitutional amendment that forbid secession, no Congressional law that forbid secession, and not Supreme Court case that forbid secession.
The States had every right to feel they could take back the rights to sovereignty they had granted to the Federal government and declare independence
No they didn't. Under the Supremacy Clause the States have no sovereignty. They must follow the Fed law even if they disagree. Sorry, your argument is Lost Cause BS ...
Wut? lol
Not even the most extreme Unionist has ever argued that the States don't have have soverignity.
Now they might argue the Union is unbreakable but not that the States have lost their soverignity by being members of that Union.
[Not only do States retain sovereignty under the Constitution, there is also a "fundamental principle of equal [emphasis added] sovereignty" among the States. Over a hundred years ago, this Court explained that our Nation "was and is a union of States, equal in power, dignity and authority." Indeed, "the constitutional equality of the States is essential to the harmonious operation of the scheme upon which the Republic was organized." - Chief Justice Roberts et al, 2013 (+ justices Scalia, Kennedy, Thomas, and Alito, Shelby County v. Holder, June 25,)]
So, Kentucky doesn't have to follow the 13th Amendment? They didn't ratify, so they don't have to do it. Hmmph. Maybe you should call their State Capitol and let them know.
Anyone in the Union has to follow the Constitution.
But you said States had no sovereignty....the Supreme Court (and our history) says they do.
FLBear:
"Under the Supremacy Clause the States have no sovereignty"
In 1861, the States sovereignty was GRANTED by the Federal and what the Feds didn't want the States got. You wanted to discuss 1861 and then use Robert's 2024???
1. State sovereignty is not up for debate...its settled Constitutional law.
State Sovereignty was not granted by the Federal government...it existed before the Federal government was created. The Federal Government was created by the States and People...and granted limited enumerated powers.
You know this....
"The citizens of each state are the ultimate sovereign, not the federal government. The federal government is supposed to be a servant of the people, and the collective states, not their master." ~ Lloyd Paul Stryker, (Andrew Johnson: A Study in Courage, New York: The Macmillan Company, 1930
The Holder case from 2013 was not posted to defend secession but to counter your foolish statement that the States lack Sovereignty.
Roberts and a modern Supreme Court affirm that they in fact DO!
[Not only do
States retain sovereignty under the Constitution, there is also a "fundamental principle of
equal [emphasis added] sovereignty" among the States. Over a hundred years ago, this Court explained that our Nation "was and is a union of States, equal in power, dignity and authority." Indeed, "the constitutional equality of the States is essential to the harmonious operation of the scheme upon which the Republic was organized." -
Chief Justice Roberts et al, 2013 (+ justices Scalia, Kennedy, Thomas, and Alito, Shelby County v. Holder, June 25,]
2. I am happy to have a discussion on the merits of State Secession which is a different debatable matter.
In fact we have two threads for that.... on on the paid board and one on the free
https://sicem365.com/forums/19/topics/136952https://sicem365.com/forums/7/topics/138500