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To: Non-Sequitur
Depends. If the marriage act was illegal to begin with then no.

There is absolutely nothing in the Constitution or any other legal document which precludes any state or group of states from seceding from the United States. That was true in 1861 and its true today.

"The War Department presented its evidence for a treason trial against Davis to a famed jurist, Francis Lieber, for his analysis. Lieber pronounced 'Davis will not be found guilty and we shall stand there completely beaten'."---Frank Conner, The South Under Siege 1830-2000

"In 1866 President Johnson appointed a new U.S. attorney general, Henry Stanburg. But Stanburg wouldn't touch the case either. Thus had spoken the North's best and brightest jurists re the legitimacy of the War of Northern Aggression - even though the Jefferson Davis case offered blinding fame to the prosecutor who could prove that the South had seceded unconstitutionally."---Frank Conner, The South Under Siege 1830-2000

"He was imprisoned after the war, was never brought to trial. The North didn't dare give him a trial, knowing that a trial would establish that secession was not unconstitutional, that there had been no 'rebellion' and that the South had got a raw deal."---Richard Street, The Civil War

"He (Davis) died 'unpardoned' by a government that was leery of giving him a public hearing."---Richard Street, The Civil War

A little-known fact of the Constitution is that two of the largest states -- Virginia and New York -- made the right to withdraw from the union explicit in their acceptance of the Constitution. And in such an agreement between parties as is represented by the Constitution, a right claimed by one is allowed to all.The procedure of the articles of ratification of the Constitution in Virginia is described in depth, in original documents, in "The Documentary History of the Ratification of the Constitution," a wonderful work in progress from the State Historical Society of Wisconsin, volume X, p.1512 and after.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.....from the Declaration of Independence

"[T]he several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of the Constitution of the United States, and of certain amendments thereto, they constituted a general government for general purposes, delegated to that government certain powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no effect."----Thomas Jefferson

Lincoln challenges the claim of reserved state powers by asserting that no state, except Texas, had ever "been a State out of the Union." Lincoln argues that the states "passed into the Union" even before 1776; united to declare their independence in 1776; declared a "perpetual" union in the Articles of Confederation two years later; and finally created the present Union by ratifying the Constitution in 1788. There are many problems with his argument.

And you're just another lost causer clinging to your myths and fairy tales.

The only myths and fairy tales are the ones written in the damnyankee history books.

88 posted on 03/30/2008 1:13:35 PM PDT by cowboyway (Did I say that out loud?)
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To: cowboyway
"The War Department presented its evidence for a treason trial against Davis to a famed jurist, Francis Lieber, for his analysis. Lieber pronounced 'Davis will not be found guilty and we shall stand there completely beaten'."---Frank Conner, The South Under Siege 1830-2000

Whoop-de-do. The whole question of the legality of the confederate secession did go to trial, and the court ruled that the acts were illegal. To quote from the decision:

"When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.

Considered therefore as transactions under the Constitution, the ordinance of secession, adopted by the convention and ratified by a majority of the citizens of Texas, and all the acts of her legislature intended to give effect to that ordinance, were absolutely null. They were utterly without operation in law. The obligations of the State, as a member of the Union, and of every citizen of the State, as a citizen of the United States, remained perfect and unimpaired. It certainly follows that the State did not cease to be a State, nor her citizens to be citizens of the Union."

A little-known fact of the Constitution is that two of the largest states -- Virginia and New York -- made the right to withdraw from the union explicit in their acceptance of the Constitution.

Absolutely meaningless. Both states in question also ratified the Constitution as passed out of covention, and could have included any clause they wanted in their ratification document. And if that clause violated the Constitution it was invalid.

"[T]he several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of the Constitution of the United States, and of certain amendments thereto, they constituted a general government for general purposes, delegated to that government certain powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no effect."----Thomas Jefferson

"It crushes "nullification" and must hasten the abandonment of "Secession." But this dodges the blow by confounding the claim to secede at will, with the right of seceding from intolerable oppression. The former answers itself, being a violation, without cause, of a faith solemnly pledged. The latter is another name only for revolution, about which there is no theoretic controversy." -- James Madison

There are many problems with his argument.

Not really, no.

90 posted on 03/30/2008 1:56:13 PM PDT by Non-Sequitur
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To: cowboyway
There is absolutely nothing in the Constitution or any other legal document which precludes any state or group of states from seceding from the United States. That was true in 1861 and its true today.

The truly hilarious part is that the CSA constitution prohibited any state from seceding.

99 posted on 03/31/2008 9:40:59 AM PDT by Sherman Logan (Those who deny freedom to others deserve it not for themselves. - A. Lincoln)
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