Boss
Take a Memo:
And so it remains a profound Constitutional question that has yet to be answered.
No, it doesn't. The matter was settled by Texas v. White and no court since has put the matter into question. The Emancipation Proclamation was never in question other than by revisionist halfwits like you.
Again.. . Texas v. White ruled that the State of Texas hadn't legally seceded. The opinion leaves the overarching question of whether a state CAN secede unanswered. The language indicates it IS possible "through revolution, or through consent of the States."
Also, just because the SCOTUS rules, it does not mean the Constitutional issue is settled forever. There have been MANY SCOTUS rulings rendered meaningless over the years.
The Emancipation Proclamation was never challenged before the SCOTUS because we ratified the 13th, 14th and 15th Amendments, which made the EP irrelevant. My argument was, the EP couldn't be Constitutional unless the South was an enemy at war with the Union. The President does not have the authority to do what the EP did unless it is an action taken against an enemy of state at time of war. It was a very precarious position Lincoln took and he admitted that.