Daryl Hunt
Your Worst Nightmare
- Banned
- #441
Nonsense.So you don't see it in the constitution either. What does the 10th amendment say about that?Cool. Now answer the question, "So where does the Constitution give the Feds the power from stopping a State from leaving the Union?"
Precedence was set in 1861. Care to debate if that was wrong or right? A Civil War was fought to decide that.
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.
You can read anything into you wish including the States should issue all citizens hot beef sandwiches if it wishes.
But if you look at a couple of other Amendments you will see where it may be covered.
1st amendment: Article I, Section 10, which declares that “No state shall enter into any treaty, alliance, or confederation
Article IV: All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. I suggest you read the Articles of Confederation that specifically covered the subject. Because of Article IV, the US is still bound by the Articles of Confederation. And in the Articles of the Confederation it is clearly covered.
Before the 1850s, if a State felt it was unduly mistreated by the Federal Government, it would go into discussions of Seceding. Oftentimes, this would being change at the Federal Level. Until 1860, no State had ever felt it serious enough to go ahead with secession so it was a whole new world for everyone. Laws specifically weren't written to cover that. But hidden under all that gobbly gook they are there. What's not there is the repercussion of such an action. I believe the South took all choices of action away from the North at the point of attacking Ft. Sumpter. Before the Attack, things were negotiable like it always was in the past. It would have been a given and take from both sides.
Today, precedence has been set that if you want to secede from the nation, military force can be used by the Federal Government. That was set in 1861. It's such a dire method, I don't think any sane person even wishes to conceive of it except for our 3 Wanna Be Traitors. And that is why it's like that. I don't know why it isn't used more than it has been. We laugh at California for voting for Secession yet that was the way that the States got positive changes in the Federal Government prior to 1850. Can you imagine if a majority of the States were to put the secession on their voting ballots? It doesn't have to succeed, it just has to be presented. Today, the People we have in Congress and in the Presidency are so complacent that they believe that states will never do that. But it can be done successfully without war. If 36 states elect to do this then it's done. Not secession but a drastic change in the Federal Government and the Constitution making a completely different Nation.
So can Secession actually happen, I would say yes. Remember, it wasn't Lincoln that attacked the South. It was the South that took up military action against the United States of America. In affect, a criminal action. Yah, I know, I just went on the Jeb Stuart most likely to get beaten to a pulp list. But there are many, many steps that can be taken prior to secession actually happening. And I am surprised that the States haven't been doing those steps all along like it was done prior to 1850. I believe the Federal Government is even worse off in Complacency than it was in 1859 and needs to be taught a few lessons.
Yes, Lucille, I am a staunch States Rights Believer.
‘Secession’ is un-Constitutional, having nothing to do with “states’ rights.” (Texas v. White (1869))
A state may leave the Union only with the consent of all the other states.
And beyond that is the unresolved issue of American citizens who reside in a state wishing to ‘leave’ who intend to remain American citizens.
Begging the question.
Constitution 101 for Clayton the Blow Hard. The Constitution lists Federal Powers. Just for morons like you who didn't grasp the concept that not granting the Federal government a power means the government doesn't have that power, they put in the 10th amendment saying that.
Then they bolstered it with the 9th amendment saying that not specifically enumerating the right withheld from the Federal government does not make it less of a right than the power in the Bill of rights and other amendments specifically withholding a power.
Clayton still doesn't grasp it.
Have you ever had an IQ test to see if you have one?
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.
Could also translate that the States have a right to a Ham Sandwich and the Federal Government doesn't. This is just too vague.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Again, too vague. It can mean that EVERYONE except the Federal Government (when the 10th is applied) must have the right to that Ham Sandwich.
it all depends on whom is doing the interpreting as to the meaning. While it was well written for 1790, it isn't today. It needs to be clarified. And since Congress won't or is incapable, then the Supreme Court has that job.