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To: KrisKrinkle
Bust this deal:
"Those rights not delegated to the federal government by this Constitution, nor denied by it to the states, are reserved to the states respectively, or to the people." -is not denied to the states by the Constitution, so it is the ultimate backstop of the Constitution.
23 posted on 04/02/2002 4:53:04 AM PST by stainlessbanner
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To: stainlessbanner
I take it you mean:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

The powers were not delegated to the Federal Government, but to the pepetual union known as the United States, which was already established and predates the Constitution.

If the states had agreed to perpetual union, argueably they had agreed to forgo any power they might have to end the union.

Now, Article VII of the Constitutions says:

The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

So maybe the other states were then willing to dissolve the perpetual union, or maybe not.

In any case, peaceable dissolution of an agreement to perpetual union, or of any agreement whose terms have not been fulfilled, depends on the good will of all parties concerned, as well as their ability to act on their ill will.

In the War Between the States or the War of Northern Aggression, certain States did not feel disposed to ending the perpetual union. These things are generally settled by force.

And will any reader please remember that I am merely surfacing for discussion something I had not seen before, namely that the States agreed to perpetual union and that perhaps that provides some justification for the action of states that tried to stop the violation of that agreement. See post 18.

25 posted on 04/02/2002 3:43:39 PM PST by KrisKrinkle
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