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To: Colonel Kangaroo
I was talking about Lincoln's desire to extend Constitutional protection to all citizens, be they northern or southern.

LOL! Extend is a word used if your offering something, not if you will force something on them, will-they, nil-they.

His protection was neither required nor desired. Slavery was an institution when the states were formed, the Revolution was fought and the Constitution was signed.

Those that wished to live in a slave free state were welcome to go to the single State that never allowed slavery....which, I believe, was Massachusetts.

That state was the ONLY non-slave state at the signing of the Constitution. The Founders felt it was up to the State, not the newly formed federal government, to make that decision.

Lincoln ran roughshod over almost a hundred years of the established legal FACT of States abiding by their own choices on the issue. This is in adherence to the Constitutional compact. The document Lincoln swore to uphold.

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and the rights it granted to all Americans.

Please show me the Constitutional authority that grants the ability to define the following terms-
Person
Property
American
Jurisdiction

The federal government was given a specific area in which to operate. Lincoln released the genie from the bottle, and God help us, we'll never get it back in there again.

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However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
James Madison, Report on the Virginia Resolutions

59 posted on 11/14/2006 10:30:28 AM PST by MamaTexan ( I am not a ~legal entity~....... nor am I a 'person' as created by law.)
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To: MamaTexan
Lincoln upheld the Constitution as he said he would from the start. Had the secessionists stayed in the union in 1861 they faced no loss of their rights as citizens under the Constitution. But Lincoln could not support the continuing desire of the slaveowning South to subvert the established right of Congress to control slavery in the territories. It's all very simple unless one s trying to justify the unjustifiable selfish power grab of a group of slavery loving southern politicians.
60 posted on 11/14/2006 11:03:03 AM PST by Colonel Kangaroo
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To: MamaTexan
Lincoln ran roughshod over almost a hundred years of the established legal FACT of States abiding by their own choices on the issue.

Not to put too fine a legal line in the issue, Lincoln did not end slavery with the Emancipation Proclamation. Rebellion or no rebellion he still lacked the authority to do so. He could, however, free slaves in those territories still participating in the rebellion because those slaves were being used to support it. So from a Constitutional standpoint Lincoln did not interfere with the state's right to run it's own show within it's borders.

Lincoln released the genie from the bottle, and God help us, we'll never get it back in there again.

How? Where does the Constitution allow states to seize government property without compensation? Where does it allow states to walk away from their share of obligations built up by the nation as a whole? Where does it allow a state to take actions unilaterally that impact the interests of the other states? Secession did not only impact the states that were leaving, it impacted the remaining states as well. Why should the Constitution only protect the leaving party and not the party staying?

68 posted on 11/14/2006 5:50:19 PM PST by Non-Sequitur
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