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To: dangus
Oh come on, that’s easy. Article 1, Section 8:

That doesn't answer my question. To what entity does the Constitution grant the authority to force a sovereign state to remain in the Union? Secession is not a declaration of war nor does it constitute insurrection. Secession is the act of withdrawing from an organization, union, or a political entity.

“The Congress shall have Power ... to provide for calling forth the Militia to execute the Laws of the Union, [and] suppress Insurrections...”

Problem with A1S8 in this context is that Congress didn't call forth the Militia, Lincoln did. The constitution grants that power to the legislative branch, not the executive, thus Lincoln's acts were unconstitutional.

You raise several valid questions and I'll be happy to answer them, as best I can, but have got to head to bed for tonight.

Look forward to chatting tomorrow:)

140 posted on 09/07/2010 8:41:17 PM PDT by southernsunshine
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To: southernsunshine

Why dont you try the one who has the command to enforce the laws of Congress as the Commander in Chief. Which President Lincoln was.

Congress may have called forth the Militia but the Constitution gives the Commander in Chief the power to execute their command.


141 posted on 09/07/2010 8:53:24 PM PDT by TheBigIf
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To: southernsunshine
Secession is not a declaration of war nor does it constitute insurrection. Secession is the act of withdrawing from an organization, union, or a political entity.

So all that you have to do to make it unconstitutional for the government to suppress your insurrection is to issue a document that says "I secede"?

259 posted on 09/08/2010 9:13:45 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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