James Everett
Active Member
- Nov 14, 2014
- 771
- 14
- 31
The reason why your SCOTUS has never and never will intertwine such case is that there is no law established concerning secession in order for them to render an opinion. You have said it yourself.Sir, The Southern Confederate States did secede via their lawful authority, for the past 150 years they have been under the illegal occupation of the U.S. suffered colonization against international law and continue such violation. The states that were occupied by Russia forming the former Soviet Union, regained their freedom when it collapsed, we will see the same soon enough, this is why we continue moving forward with the registration and restoration process. You can learn of our project and progress at CSAgov. OrgHmmm, so if I live in the Ukraine that would be YOUR country to? You are funny.
If you live in the Ukraine you've got enough problems already.
I guess it's just unfortunate for Confederates that the Supreme Court of the United States of America didn't support their view. Because that's who determines what's constitutional or not, the Constitution was never legitimately subject to the interpretations of a bunch of politicians who didn't want to give up their slaves.
Well, son..that's not exactly true. Chief Justice Roger Taney favored allowing the south to secede...but it doesn't matter...the south had the legal right to secede and didn't need the supreme court to confirm or deny....Lincoln had to have his war, though and invaded the south
Recommended Reading:Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers, by James F. Simon (Simon & Schuster). Publishers Weekly: This surprisingly taut and gripping book by NYU law professor Simon (What Kind of Nation) examines the limits of presidential prerogative during the Civil War.
Lincoln and Supreme Court Chief Justice Roger Taney saw eye to eye on certain matters; both, for example, disliked slavery. But beginning in 1857, when Lincoln criticized Taney's decision in the Dred Scott case, the pair began to spar. They diverged further once Lincoln became president when Taney insisted that secession was constitutional and preferable to bloodshed, and blamed the Civil War on Lincoln. In 1861, Taney argued that Lincoln's suspension of habeas corpus was illegal. This holding was, Simon argues, "a clarion call for the president to respect the civil liberties of American citizens." Continued below...
In an 1862 group of cases, Taney joined a minority opinion that Lincoln lacked the authority to order the seizure of Southern ships. Had Taney had the chance, suggests Simon, he would have declared the Emancipation Proclamation unconstitutional; he and Lincoln agreed that the Constitution left slavery up to individual states, but Lincoln argued that the president's war powers trumped states' rights. Simon's focus on Lincoln and Taney makes for a dramatic, charged narrative—and the focus on presidential war powers makes this historical study extremely timely.
The 10th Amendment states: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.
Secession is not prohibited anywhere in the constitution and was considered an obvious right of all States until after the War for Southern Independence.
Because the Constitution does not prohibit secession, it is therefore a power delegated to the States.
Remember that the States are independent and sovereign, and they created the Union, not the other way around.
The USA is simply an agent for the individual States. Without the threat of leaving, the States are completely powerless to the Federal Government.
Thomas Jefferson in his First Inaugural Address said, "If there be any among us who would wish to dissolve this Union, or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left to combat it."
Fifteen years later, after the New England Federalists attempted to secede, Jefferson said, "If any state in the Union will declare that it prefers separation ... to a continuance in the union .... I have no hesitation in saying, 'Let us separate.'"
At Virginia's ratification convention, the delegates said, "The powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression."
In Federalist Paper 39, James Madison, the father of the Constitution, cleared up what "the people" meant, saying the proposed Constitution would be subject to ratification by the people, "not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong."
In a word, states were sovereign; the federal government was a creation, an agent, a servant of the states.
On the eve of the War of 1861, even unionist politicians saw secession as a right of states. Maryland Rep. Jacob M. Kunkel said, "Any attempt to preserve the Union between the States of this Confederacy by force would be impractical, and destructive of republican liberty."
The northern Democratic and Republican parties favored allowing the South to secede in peace.
Just about every major Northern newspaper editorialized in favor of the South's right to secede.
New York Tribune (Feb. 5, 1860): "If tyranny and despotism justified the Revolution of 1776, then we do not see why it would not justify the secession of Five Millions of Southrons from the Federal Union in 1861."
Detroit Free Press (Feb. 19, 1861): "An attempt to subjugate the seceded States, even if successful could produce nothing but evil -- evil unmitigated in character and appalling in content."
The New York Times (March 21, 1861): "There is growing sentiment throughout the North in favor of letting the Gulf States go."
In Federalist Paper 45, Madison guaranteed: "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 South seceded because of Washington's encroachment on that vision. Today, it's worse. Turn Madison's vision on its head, and you have today's America.
In other words: The Supreme Court in no way ever interpreted secession as being legal.