The Tenth Amendment addresses only powers that are not expressly reserved to the federal government.
Supremacy of jurisdiction is a power that is explicitly and clearly reserved to the federal government.
Secession, a fancy term for states laying claim to supremacy of jurisdiction, is obviously unconstitutional.
Thanks for expressing things so clearly and succinctly. I would have added steps and only confused things. But you've condensed the argument down to its essence superbly.
Toombs made at least two famous addresses. One to the Georgia Legislature on Nov. 13, 1860 and one to the US Senate on January 7, 1861, and I don't know which one is being referred to. I also don't know if they yield a Constitutional argument of any weight. Slavery is so important an element in both speeches that it's hard to see what's left if you separate out the grievances of slaveowners and slave states and Toombs's cheeky bravado.
Here are the "five propositions" from the farewell to the Senate. You can see from the beginning of the passage that Toombs was not quite honest about his intentions with his audience:
Senators, my countrymen have demanded no new government. They have demanded no new Constitution. The discontented States have demanded nothing but clear, distinct, constitutional rights, rights older than the Constitution. What do these rebels demand? First, that the people of the United States shall have an equal right to emigrate and settle in the Territories with whatever property (including slaves) they may possess. Second, that property in slaves shall be entitled to the same protection from the government as any other property (leaving the State the right to prohibit, protect, or abolish slavery within its limits). Third, that persons committing crimes against slave property in one State and flying to another shall be given up. Fourth, that fugitive slaves shall be surrendered. Fifth, that Congress shall pass laws for the punishment of all persons who shall aid and abet invasion and insurrection in any other State.
We demand these five propositions. Are they not right? Are they not just?
Uh ... no?
"Secession, a fancy term for states laying claim to supremacy of jurisdiction, is obviously unconstitutional."
Thanks for expressing things so clearly and succinctly... you've condensed the argument down to its essence superbly.
Oh, you betcha! It's an illogical argument at best, and 'condensing' it certainly saves the more rational among us a great deal of time...
;>)