To: r9etb
The secessionist states clearly violated almost every part of Section 10 -- especially that last clause
But if a state has seceded then it's no longer subject to any restrictions in the Constitution, since it is no longer a party to it.
Also, what about Article VII: The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Clearly no state could be forced to be part of the Union without its express consent. By giving consent to enter the Union, a state is supposed to forever surrender it's ability to withdraw its consent?
To: freedomcrusader
Clearly no state could be forced to be part of the Union without its express consent. By giving consent to enter the Union, a state is supposed to forever surrender it's ability to withdraw its consent? You have to remember that the Articles of Confederation were a total failure. Something more pervasive was needed, as George Washington said. The Constitution does have a conflict resolution mechanism; it can be amended.
But you are correct. There is no legal way out of the Union without the consent of the other states.
Walt
To: freedomcrusader
But if a state has seceded then it's no longer subject to any restrictions in the Constitution, since it is no longer a party to it.
That's a moot point. We're talking about the legality of the act of secession, not necessarily the legality of what they do after they illegaly seceed. If I stand on a street corner and announce I am now a citizen of the Republic of Me, that doesn't mean I can go rob a bank and escape punishment. I didn't properly annul my citizenship to begin with, so the laws of the United States still apply to me.
Also, what about Article VII: The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Clearly no state could be forced to be part of the Union without its express consent. By giving consent to enter the Union, a state is supposed to forever surrender it's ability to withdraw its consent?
Yes. It's in the contract. Check out Article I in
The Senate resolution to annex Hawaii:
"The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America
all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies: and it is agreed that all the territory of and appertaining to the agreed that all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii." You'll find that other annexation resolutions have very similar language. Moral of the story: don't sign annexation resolutions if you're just fooling around.
56 posted on
04/03/2002 11:10:34 AM PST by
dwbh1342
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