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To: politicalmerc
I don't recall whether a Constitutional prohibition of secession has ever really been determined. Lincoln never actually addressed the issue, nor did the Supreme Court. It was all just presumed, since the forts and other Federal installations were legally Federal property, that the Union Army was just reclaiming them from trespassers and legal title never changed.

The Confederacy was never officially recognized, so legally, it didn't exist. A particularly clever lawyer, one Benjamin Butler, thus saw the loophole, and declared that any slaves "captured" from the Confederate states could be called "contraband," since their labor was of value, and would belong to the Federal government, who could free them at will.

Is there a prohibition clause in the California constitution?

As an aside, one newspaper editor said that "South Carolina is too small to be a country, and too large to be an insane asylum." I suspect these 12 counties are in the same position.

This kind of sophistry is what keeps the legal profession in business.

46 posted on 07/02/2011 7:51:27 PM PDT by jonascord (The Drug War Rapes the Constitution.)
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To: jonascord
This kind of sophistry is what keeps the legal profession in business.

You are so right! In one of the earlier posts a fellow cited Article IV Section 3 Clause 1 that says that new states may be formed but not out of old states without the consent of the state.

We have sort of beat this horse to death. I love your "insane asylum" quote (I'm married to a girl from SC). My point was minor to start such a string of posts:

Counties cannot secede because they are not sovereign states. They can petition the state to let them go, but why would CA do that? In other words the Constitution forbids the Union of the USA from recognizing these counties as a State without the permission of the California Legislature.

If CA agrees it is hardly secession its a split. If the larger part wanted to "eject" the smaller part I suppose they could push through a bill to exclude them from the state and the smaller part could apply for statehood.

Back to your comment, this is what keeps lawyers in business.

71 posted on 07/03/2011 5:08:58 AM PDT by politicalmerc (The whole earth may move, but God's throne is never shaken. I think I'll stand by Him..)
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