The idea is that winning allows the winner to say what's legal and what's not, because they're writing the laws. The American Revolution was certainly illegal under British law and the Founding Fathers had no doubt that they'd have been hanged had they lost.
Revolution is literally the destruction of the old social contract, putting people back in the "state of nature." From there, a new social contract and government should arise.
Scalia is probably right, exept that if session is the issue then the Constitution is not the document on point.
Does his might ring a bell ?
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation
Scalia is probably right, exept that if session is the issue then the Constitution is not the document on point.
Does his might ring a bell ?
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation