"Whilst America hath been the land of promise to Europeans and their descendants, it hath been the vale of death to millions of the wretched sons of Africa…Whilst we were offering up vows at the shrine of Liberty... whilst we swore irreconcilable hostility to her enemies... whilst we adjured the God of Hosts to witness our resolution to live free or die; we were imposing on our fellow men, who differ from us in complexion, a slavery ten thousand times more cruel than the utmost extremity of those grievances and oppressions, of which we complained".Tucker isn't arguing that the sovereignty of the states can be grasped back from the federal government; he is arguing that the sovereignty is not diminished while they operate within the federal government, since their union was voluntary. Your quote is not relating to the issue of secession, but is an explanation of the tenth amendment. In fact, your citation is a misquote:
The twelfth article of the amendments to the constitution of the United States, declares, that 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.Funny, how your citation missed the part about the sovereignty being now united with the other states, united and modified.The powers absolutely prohibited to the states by the constitution, are, shortly, contained in article 1. section 10. viz.
1. No state shall enter into any treaty, alliance or confederation.
2. Nor grant letters of marque and reprisal.
3. Nor coin money.
4. Nor emit bills of credit.
5. Nor make any thing but gold and silver coin a tender in payment of debts.
6. Nor pass any bill of attainder.
7. Nor any expost facto law.
8. Nor any law impairing the obligation of contracts.
9. Nor grant any title of nobility. . . . Concerning all which, we shall make some few observations hereafter.
All other powers of government whatsoever, except these, and such as fall properly under the first or third heads above-mentioned, consistent with the fundamental laws, nature, and principle of a democratic state, are therefore reserved to the state governments.
From this view of the powers delegated to the federal government, it will clearly appear, that those exclusively granted to it have no relation to the domestic economy of the state. The right of property, with all it's train of incidents, except in the case of authors, and inventors, seems to have been left exclusively to the state regulations; and the rights of persons appear to be no further subject to the control of the federal government, than may be necessary to support the dignity and faith of the nation in it's federal or foreign engagements, and obligations; or it's existence and unity as the depositary and administrator of the political councils and measures of the united republics. . . . Crimes and misdemeanors, if they affect not the existence of the federal government; or those objects to which it's jurisdiction expressly extends, however heinous in a moral light, are not cognizable by the federal courts; unless committed within certain fixed and determinate territorial limits, to which the exclusive legislative power granted to congress, expressly extends. Their punishment, in all other cases, exclusively, belongs to the state jurisprudence.
The federal government then, appears to be the organ through which the united republics communicate with foreign nations, and with each other. Their submission to it's operation is voluntary: it's councils, it's engagements, it's authority are theirs, modified, and united. It's sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of it's functions, as such, in the most unlimited extent.
But until the time shall arrive when the occasion requires a resumption of the rights of sovereignty by the several states (and far be that period removed when it shall happen) the exercise of the rights of sovereignty by the states individually, is wholly suspended, or discontinued, in the cases before mentioned: nor can that suspension ever be removed, so long as the present constitution remains unchanged, but by the dissolution of the bonds of union. An event which no good citizen can wish, and which no good, or wise administration will ever hazard.
"But isn't he still recognizing the right to secede? He says it cannot be removed except by the dissolution of the bonds of union?," you ask. "Does he not reserve the right of administration to be foolish? Or of a citizen to be bad?"
He does not write that "no correct citizen" could wish for dissolution; rather, he states that "no good citizen" could wish for it. To wish for dissolution, in other words, is to be inherently a bad citizen. Thus, we can imagine that the union is not to be broken by legal secession, but may be against the desire of the sovereignties by calamity, such as invasion, treachery, or unimaginable calamity.
Which goes back to my point that those who are fighting for the right to secession are not fighting for the Constitution but are fighting for their ‘right’ to destroy it.
They think that gaining a majority in a state gives them the right to throw the Union and the Constitution that formed it into legal peril. It is a mob rules type of mentality whereas they could be a very temporary simple majority even but use that power to throw the entire United States into peril.
Funny how those of your particular stripe always just automatically assume that only YOU can properly read and interpret plain English text.
“Their submission to it’s operation is voluntary: it’s councils, it’s engagements, it’s authority are theirs, modified, and united. It’s sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of it’s functions, as such, in the most unlimited extent.
“Their submission to it’s operation is voluntary: it’s councils, it’s engagements, it’s authority are theirs, modified, and united. It’s sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of it’s functions, as such, in the most unlimited extent.
Seems pretty clear to me since it is voluntary, the states have an inherent right to secede.