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To: dangus
The President of the United States does not take an oath to help the "country" to "survive." He takes an oath to preserve, protect, and defend the Constitution. Any state has the right to secede. EVERY state had the DUTY to secede the moment Roe v. Wade was handed up, and the President failed to guarantee that the Executive Branch would refuse to enforce it against the states.
93 posted on 09/07/2010 4:55:11 PM PDT by Arthur McGowan (In Edward Kennedy's America, federal funding of brothels is a right, not a privilege.)
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To: Arthur McGowan
EVERY state had the DUTY to secede the moment Roe v. Wade was handed up

Amen!!!!

100 posted on 09/07/2010 5:23:49 PM PDT by Idabilly ("When injustice becomes law....Resistance becomes DUTY !")
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To: Arthur McGowan
The President of the United States does not take an oath to help the "country" to "survive." He takes an oath to preserve, protect, and defend the Constitution. Any state has the right to secede. EVERY state had the DUTY to secede the moment Roe v. Wade was handed up, and the President failed to guarantee that the Executive Branch would refuse to enforce it against the states.

I despise the Roe decision also, but if we don't have the sentiment of the nation enough to overturn it within the Constitution, there is no way that a secession over the issue could be carried to success. The problem is with the ttitudes of the people, not the Constitution.

102 posted on 09/07/2010 5:34:41 PM PDT by Colonel Kangaroo
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To: Arthur McGowan
The President of the United States does not take an oath to help the "country" to "survive." He takes an oath to preserve, protect, and defend the Constitution. Any state has the right to secede.

Where does the Constitution say that? If not in the Constitution, under what precedent of common law could you say that? The Constitution contains within it a process for expansion to additional states, amendment of itself, and even the wholesale replacement of itself... but none for secession. Does a governor have the right to secede? Do the legislatures? 50%+1? What state Constitution discusses the means of secession?

The federalist papers sought to allay fears of an oppressive, federal government, even discussing the 2nd amendment as a failsafe against tyranny. Yet do any of them mention an ability to secede, or incorporate the right to bear arms to a state as against the union?

Now, many neoconfederates claim the Virginia and New York constitutions specifically allow for secession.:

[W]hen any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
But this Constitution was passed prior to the U.S. Constitution. This passage has nothing to do with secession at all; nor has it anything to do with the principle of secession, for the same state Constitution prohibits the establishment of any other law, independent from the Commonwealth, within the territory of the Commonwealth.

Also note the inherent contradiction of citing this passage for secession: The passage states that when the government is contrary to just purposes, the community has the right to reform, alter or abolish it. There's no mention of the community severing itself, because, indeed, the government to which it refers is that of the entire community; any severable smaller division of government is a minority of that community.

132 posted on 09/07/2010 7:22:21 PM PDT by dangus
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