Centinel
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- Jul 6, 2012
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Yes, those are the terms of establishing the constitution. It was established between the states that ratified it.
Those are the terms established for *ratification*. But not as the basis of authority. The authority is exclusively the people's. As they are the only intrinsic source of power. All other power is lent.
But again, as obvious as this is....your silly semantic 'secessionist' nonsense can't allow you to admit it.
Which is one of the many reasons your secessionist nonsense is just silly.
I've noticed that you have used the term "secessionist" in your recent posts. It seems as if you consider it a pejorative. I'd just like to point out that the constitution contains no prohibition on any state seceding from the union.
And here we go....the same secessionist turd you always lay and desperately try to polish. There's really nothing more to you.
And sure it does. First, a State don't have the authority to deny the Federal Government any delegated power. As the 10th amendment makes clear. Jurisdiction of federal laws on State territory is most definitely one of the powers delegated to the Federal Government. Seceding denies the Federal government that power, violating the 10th amendment and numerous articles in the Constitution.
Same for territory. The States can't simply seize federal territory unilaterally. As that would be stripping the federal government of delegated authority yet again. And all State land is also federal land.
Third, the United States wasn't created by a State. It was created by the people of the Several States. And its only be undone by the same authority by which it was created: the authority of the people of the Several States. Says who? Says James 'Father of the Constitution' Madison:
I partake of the wonder that the men you name should view secession in the light mentioned. The essential difference between a free Government and Governments not free, is that the former is founded in compact, the parties to which are mutually and equally bound by it. Neither of them therefore can have a greater fight to break off from the bargain, than the other or others have to hold them to it. And certainly there is nothing in the Virginia resolutions of –98, adverse to this principle, which is that of common sense and common justice.
The fallacy which draws a different conclusion from them lies in confounding a single party, with the parties to the Constitutional compact of the United States. The latter having made the compact may do what they will with it. The former as one only of the parties, owes fidelity to it, till released by consent, or absolved by an intolerable abuse of the power created. In the Virginia Resolutions and Report the plural number, States, is in every instance used where reference is made to the authority which presided over the Government. As I am now known to have drawn those documents, I may say as I do with a distinct recollection, that the distinction was intentional.
James Madison
You ignore the distinction, embracing the very fallacy that Madison describes. The Founders didn't. And of course the Courts have rejected your nonsense.
You can imagine that you know the Constitution better than the USSC and James Madison combined. But you don't. There's a reason why your reasoning has been rejected by virtually every court to hear it.
Can you cite the language prohibiting a state from leaving the union?
Any passage that extends federal law to the United States. Are you claiming that federal laws don't apply to States?
And of course why would I ignore Madison and instead believe you? You're literally arguing the fallacy that Madison described, confounding a single party, with the parties to the Constitutional compact of the United States.
Both Madison and the constitution that the States are equally bound by the Constitution. You insist that a State can ignore the Constitution whenever it wishes.
Um, no. A State can't.
All federal laws made pursuant to the constitution are the supreme law of the land. Any other law is no law at all.
So let's say congress were to pass a law prohibiting states from leaving the union. Which of it's specific enumerated legislative powers (as enumerated in Art I, sec 8) would this law be necessary and proper for carrying into execution?