FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
Oldbear83 said:
FLBear5630 said:
Redbrickbear said:
FLBear5630 said:
KaiBear said:
4th and Inches said:
As the 10th gave all powers not listed in the constitution to tbe individual states, back in 1861, the states had the right to leave.. the process for joining was written, the process for leaving wasnt. That made it a states right to decide..
100% correct.
And 99% of modern historians intentionally ignore this inconvient little piece of reality .
States entered into an Indissoluble relation...
According to you.
The Founding Fathers (and the respective States) would never have entered into such a union in the 1780s if they thought that.
"If any state in the Union will declare that it prefers separation... to a continuance in union... I have no hesitation in saying, 'let us separate.'" -Thomas Jefferson
"The use of force against a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound." - James Madison
"The Declaration of Independence forever recognized the right of secession under circumstances of oppression and injustice."
Texas vs White, the Civil War and the last 150 years have pretty much settled it. Go ahead, give it a try see how it goes...
A bit surprised to see 'Might Makes Right' used so brazenly here ...
Yeah, but the South forced the hand. There is no unilateral secession.
There is no unilateral secession because the Federal government has shown it will fight long and bloody wars to prevent it.
Of course the Founding Fathers would have been flabbergasted at the idea that the Federal government would try and stop a State from leaving.
They had just fought a long war for secession against Great Britain.
I disagree with that assessment. The Federalist Founding Fathers believed the union under the Constitution to perpetual. Once the Constitution was ratified, it was done. There was no dissolution. Now, the Anti-Federalist may have believed what you say, but they ended up losing out to the Federalists, just like the South...
No, "perpetual" was the term used in treaties at the time (no fixed end point established yet)…same as used in treaties of commerce at the time…. "occurring repeatedly; so frequent as to seem endless"
It did not mean "this is forever permanent and we will kill you if you try to re-assert your independence".
The Federalists certainly hoped the new American Union would last forever….but would not have argued that they had the right to maintain it by violence and warfare.
That would have been a very British position to have taken. And right after a war for independence waged by the American States.
The articles of Confederation Itself used this same term and it was brought over into the new Constitution almost word for word. The Founding Father did not intend perpetual to mean permanent…they would have used the other term if they wanted to imply that.
[fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
Article I. The Stile of this confederacy shall be, "The United States of America."
Article II. Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.]