Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: rockrr
demands that someone show him the part of the US Constitution that prohibits secession....or demands the "citation from Article II of the Constitution where the people, operating through their individual States DELEGATED a power they possessed to the Executive to "preserve the Union?"


§ 266. 4th general maxim: what is sufficiently declared, is to be taken for true.
On every occasion when a person could and ought to have made known his intention, we assume for true against him what he has sufficiently declared. This is an incontestable principle, applied to treaties: for, if they are not a vain play of words, the contracting parties ought to express themselves in them with truth, and according to their real intentions. If the intention which is sufficiently declared were not to be taken of course as the true intention of him who speaks and enters into engagements, it would be perfectly useless to form contracts or treaties.
CHAP. XVII.Of the Interpretation of Treaties. Law of Nations

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
US Constituion Amendment 10 - Powers of the States and People. Ratified 12/15/1791

§ 207. XIII. Another rule of interpretation deserves consideration in regard to the constitution. There are certain maxims, which have found their way, not only into judicial discussions, but into the business of common life, as founded in common sense, and common convenience. Thus, it is often said, that in an instrument a specification of particulars is an exclusion of generals; or the expression of one thing is the exclusion of another. Lord Bacon's remark, "that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated," has been perpetually referred to, as a fine illustration.
Justice Joseph Story on Rules of Constitutional Interpretation

The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negociation, and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State.
James Madison, Federalist #45

-----

It would be nice if you had something useful to contribute instead of flapping around like a sick chicken.

For all your squawking, I notice you STILL haven't bothering to answer the questions.

Please point out the Article and Clause of the Us Constitution that allows the federal government to prevent secessions or to 'preserve the Union'

If you can't do that, please don't waste my time with a reply.

154 posted on 04/24/2012 3:03:09 PM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
[ Post Reply | Private Reply | To 153 | View Replies ]


To: MamaTexan

You know the answer as well as I do. The constitution contains no express provision for emergency or crisis situations. But then it doesn’t need to. As many Lost Causers like to say, “The Constitution isn’t a suicide pact”. The government has all the posers granted to it necessary to defend its existence. See: Ex Parte Milligan


155 posted on 04/24/2012 3:12:32 PM PDT by rockrr (Everything is different now...)
[ Post Reply | Private Reply | To 154 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson