Rights preceded the formation of our Constitution.
All rights not expressly delegated to the Federal government in the Constitution are reserved to the States and/or to the People -- and that is true whether or not those rights are spelled out in the Constitution.
I have yet to see an answer, in light of the foregoing, to the proposition that since the States CREATED the Union upon certain very specific terms and conditions, they MUST have reserved the right to withdraw from the agreement and from the Union when the terms are not honored by the Federal government.
Certainly, it is true that President Lincoln disagreed with that proposition. And later the SCOTUS has insinuated itself into the discussion without valid basis to do so. But I have yet to see a coherent argument which refutes the rather straightforward proposition I laid out.
By way of a small analogy. Let's stipulate that I have certain rights in a company, as an employee. But a proposed worker's UNION asks me to join so that we can have a larger group voice backed by a legitimate threat of collective action. Part of the deal in joining the Union is my agreement to cede TO the Union (majority vote) the authority to call strikes etc. What used to be my individual right has been given by me to the Union upon certain terms and conditions.
Now the Union starts acting in violation of my agreement to JOIN the Union. I say, "Whoa! Knock that shit off!" But the Union tells me to STFU insisting that they can do whatever they wish in my name and in the name of all other union members. I say, "Not so fast, bucko. You are violating my agreement with you. And that which I can voluntarily enter I can also voluntarily leave."
If the Union doesn't take the damn hint, I can quit the Union. In short, the rights I ceded to them were given CONDITIONALLY. If they don't honor those conditions, terms and agreements, then I reserve the right to terminate my Union membership. Violate the condition, violate the contract, suffer the repercussions.
On what possible authority can anybody logically claim that a State, which entered the UNION upon very clear terms and conditions, is somehow not free to withdraw from that Union when the Federal Government breaches the agreement?
All rights not expressly delegated to the Federal government in the Constitution are reserved to the States and/or to the People -- and that is true whether or not those rights are spelled out in the Constitution.
I have yet to see an answer, in light of the foregoing, to the proposition that since the States CREATED the Union upon certain very specific terms and conditions, they MUST have reserved the right to withdraw from the agreement and from the Union when the terms are not honored by the Federal government.
Certainly, it is true that President Lincoln disagreed with that proposition. And later the SCOTUS has insinuated itself into the discussion without valid basis to do so. But I have yet to see a coherent argument which refutes the rather straightforward proposition I laid out.
By way of a small analogy. Let's stipulate that I have certain rights in a company, as an employee. But a proposed worker's UNION asks me to join so that we can have a larger group voice backed by a legitimate threat of collective action. Part of the deal in joining the Union is my agreement to cede TO the Union (majority vote) the authority to call strikes etc. What used to be my individual right has been given by me to the Union upon certain terms and conditions.
Now the Union starts acting in violation of my agreement to JOIN the Union. I say, "Whoa! Knock that shit off!" But the Union tells me to STFU insisting that they can do whatever they wish in my name and in the name of all other union members. I say, "Not so fast, bucko. You are violating my agreement with you. And that which I can voluntarily enter I can also voluntarily leave."
If the Union doesn't take the damn hint, I can quit the Union. In short, the rights I ceded to them were given CONDITIONALLY. If they don't honor those conditions, terms and agreements, then I reserve the right to terminate my Union membership. Violate the condition, violate the contract, suffer the repercussions.
On what possible authority can anybody logically claim that a State, which entered the UNION upon very clear terms and conditions, is somehow not free to withdraw from that Union when the Federal Government breaches the agreement?