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To: Non-Sequitur
But I'm not on the court and the matter never came before the court while Justice Marshall was a member, and the Constitution is not clear on the matter since it does not say only Congress can suspend it or that it can be only suspended by an act of legislation. So the matter is still open.

Using that standard, Chase's opinion on secession was obiter dicta. So the matter is still open.

But unilateral secession, on the other hand, was settled by the Supreme Court in 1869. They ruled is was illegal, and so it remains.

And the court has reversed itself, and been overturned by the people.

But I will digress, in order to refute the inane ruling. Chase wrote, 'The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.

Bravo Sierra. Article IV § 3 states in part, that the no state 'be formed by the Junction of two or more States, or parts of States.' Those states aren't indestructible. He made up the indestuctible Union part as well. The Articles of Confederation are not incorporated into the Constitution, the Constitution omits the 5 references to perpetuity that the AoC contained.

1,041 posted on 02/02/2004 5:59:49 PM PST by 4CJ (||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
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To: 4ConservativeJustices
Using that standard, Chase's opinion on secession was obiter dicta. So the matter is still open.

Bravo Sierra. The defendants case was based on the argument that since Texas was not a part of the United States then the state could not take the case in question to the Supreme Court. The validity of the acts of secession was a central issue before the court, and the court ruled that Texas was never out of the Union at any time.

And the court has reversed itself, and been overturned by the people.

And when did this occur?

1,042 posted on 02/02/2004 6:12:56 PM PST by Non-Sequitur
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To: 4ConservativeJustices
The Articles of Confederation are not incorporated into the Constitution, the Constitution omits the 5 references to perpetuity that the AoC contained.

And yet the government of these people endures.

What could be more permanent than a perpetual Union made more perfect?

Walt

1,043 posted on 02/02/2004 6:36:58 PM PST by WhiskeyPapa (Virtue is the uncontested prize.)
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