Waco1947 said:
Redbrickbear said:
Waco1947 said:
Redbrickbear said:
Waco1947 said:
Hood was a traitor
Where is State secession treason? Where does the US Constitution prevent a State from withdrawing from the Union?
Explanation
- The Constitution does not provide for the dissolution of the government or the states that make it up.
- The Constitution can be amended, but it does not provide a way for the government to dissolve itself.
- Abraham Lincoln denied that a state had a constitutional right to secede.
- The Supreme Court ruled in Texas v. White that unilateral secession is unconstitutional.
However, some have argued that secession is a natural right or a right of revolution. The idea of secession has been a part of US politics since the country's beginning.
In 1861 there was no Supreme Court case, Congressional law, Amendment to the Constitution, or even a non-biding resolution that ever said a State could not leave the Federal Union.
Nor does a State voting to leave the Union "dissolve the government"
The US government would remain just has it had before....in Washington DC still operating.
"If you bring these leaders to trial it will condemn the North," Chase had warned his former cabinet colleagues in July,
"for by the Constitution secession is not rebellion." As for the rebel chieftain, the authorities would have done better not to apprehend him. "Lincoln wanted Jefferson Davis to escape, and he was right. His capture was a mistake. His trial will be a greater one.
We cannot convict him of treason. Secession is settled. Let it stay settled."~ Chief Justice Salmon P. Chase (Burke Davis, "The Long Surrender", 1985,; Shelby Foote, "The Civil War," V3, p. 1035)
"It is a common maxim of law, that every right has a means of enforcement; & every wrong a remedy. By this rule
the right of secession is undoubted. The Constitution provides no means of coercing a state in the Union; nor any punishment for secession."-Kenosha Democrat, 1/11/1861