[quote]JR249 wrote:
[quote]thunderbolt23 wrote:
The US was certainly morally and legally justified in preventing the CSA from departing - since the CSA had no moral or legal right to leave the Union. The Slave Power had long gotten their way in Congressional politics (with the three-fifths clause not exactly hurting their efforts). The democratic tide turned, however, and the Slave Power would not be able to realize it’s dream of expanding into the West as an aggressive slave “empire”. The turning of that democratic tide - I.e., changes in views on policy and morality - doesn’t justify unilaterally “seceding” from the nation.
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On the moral side of the argument, I can agree, on the legal side, it’s not as black and white as you seem to assert.
A process of secession is not spelled out in the Constitution (it’s silent on the issue), only procedures for states being admitted to the Union. Hence, we have to deflect to the 10th Amendment, which asserts that any power not delegated to the federal government by the states, and not prohibited to the states by the COTUS, remained a right of the states or the people. The states never delegated to the federal government any specific power to suppress secession, therefore it certainly can be argued to have remained, at that time, a reserved right of the states. Did Buchanan, through his inaction, not believe that the federal government couldn’t coerce a seceding state, opposite of Lincoln’s political position?
Virginia, New York and Rhode Island had included in their ratification of the COTUS clauses that permitted withdraw from the Union if the new government became abusive, which was partly their basis for acceding to the Union (VA cited this in its secession statement). Furthermore, if the COTUS is based on co-equality - all states are equal in rights, and no state possesses more rights than another - the right of secession cited by these three states can be argued to extend equally to all states.
If you fast forward to post-Civil War, the topic was visited in the Supreme Court case Texas v. White, involving the repayment of confederate bonds. The majority opinion noted the following:
“When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.”
What constitutes “consent of the States”? Does the Civil War classify as a revolution in this sense? It’s hard to discern, but the absence of a specific tenet on secession in the Constitution leaves open the possibility of legal avenues that, while perhaps questionable, doesn’t relegate it to not being “legally justified” as easily as it would otherwise have been if said language was explicit.
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Sorry, with all due respect, I’ve dealt with this subject so many times on PWI, it’s not worth repeating myself. But, quickly, the Tenth Amendment doesn’t solve the problem - the Tenth Amendment reads as a truism. Saying the Tenth Amendment resolves the issue is begging the question.
There is nothing in the text or the spirit of the Constitution giving rise to a right to unilaterally leave - and thereforr destroy - the Union. To allow such a scenario under the Constitution while at the same time painstakingly providing for the procedures and makeup of Congress is simply absurd. Why would the Framers create a complicated system of checks and balances that is supposed to (generally) provide for majority rule - with attendant needs to pass two houses, one populist in nature, one federalist, and to be signed by the elected chief executive - all of that trouble and thought to make federal laws, only for one state to have the (unwritten) power to undermine the whole process by claiming they have a power to walk away whenever they choose? Then why have states’ direct representation (via the Senate) if the state gets a secession veto?
Again, it leads to absurd results. You couldn’t secede under the Articles, and there is no reason to think that under the Constitution - designed to make the federal government stronger, not weaker - a state could secede.
And the Constitution isn’t silent on suppressing insurrection and rebellion - which is what secession is.
Feel free to run a search. It’s out there, multiple times.