To: r9etb
Where your argument fails is that is presupposes that a State does/did not have a right to preacefully agree to succeed and withdraw from the Union. If a State were to do so, then it wouldn't be a State any longer and none of it's acts would be in violation of any of the sections of the Constitution you cited. Your whole argument has to be premised on the initial assertion that a peaceful decision to withdraw from the Union constitutes "insurrection". I cannot accept that premise.
Nowhere does the Constitution grant the Federal Govt. the right to prevent a State from peacefully deciding to withdraw. Since all powers not specifically granted to the Fed. Govt are reserved to the States or the People, why would a State not have the right to decide to withdraw? Once a State did withdraw it is no longer a member of the Union and thus would be no more bound by the other provisions you mentioned than any other soveriegn nation. I've got to go with Professor Williams on this one.
88 posted on
04/03/2002 11:53:54 AM PST by
joebuck
To: joebuck
Nowhere does the Constitution grant the Federal Govt. the right to prevent a State from peacefully deciding to withdraw. The Congress has the power to provide for the general welfare and the common defense. If secession is inimical to that, Congress may act.
Walt
To: joebuck
Nowhere does the Constitution grant the Federal Govt. the right to prevent a State from peacefully deciding to withdraw. As the events at Ft. Sumpter show, the south had no intention of "peacefully withdrawing." Indeed, it was probably never in the cards -- Henry Clay's compromises (1820, 1833, 1850) were all about avoiding a civil war.
At any rate, they expected a fight, prepared for a fight, picked a fight, got a fight, and lost it. The concept of "peaceful secession" was never in play.
140 posted on
04/03/2002 12:36:02 PM PST by
r9etb
To: joebuck
Good point and its buttressed by the admission of Texas to the Union. That state (then a separate country) specifically reserved the right to withdraw from the Union as a condition of annexation. This would clearly imply that other states also had the same privilege or the equality of the states of the union would be compromised.
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