bendog
Diamond Member
It says all powers not ceded, but it doesn't say there was any power to secede that could have been ceded to the fed..
The question is simply could consent be withdrawn. The obscene child's OP was demolished by others. Personally, I've never found a smoking gun either way, but logically I don't see how a right to secede could survive ratification. The colonies received various benefits from entering into the union in terms of defense, trade, coinage, respect by other states to its own laws, etc. In exchange for the benefits of the fed govt's "supremacy" in all matters expressly given to the fed govt, the states gave up some limits to their sovereignty. It was a contract. Parties do not have unilateral rights to rescind contracts.
You, or someone else, put up a quote from Jefferson about leaving the union. I don't think he argued there was a right to do so, but rather the other states should let another state go if it chose. That may very well have been an assumption. And it probably was assumed as to slavery. But, secession preceded the emancipation proclamation .. by over two years.
ps, actually I came over to post on the "evolution" of views in the North, and probably be Lincoln himself, as to the need to abolish the institution of slavery as the war progressed. After last week's discussions, I checked out the book The Sword of Lincoln, which is about the Army of the Potomac And it discusses this. As the AOP basically bled the Army of N. Virginia dry, by shedding it's own blood, and in greater quanties, opinions hardened. And then, finally at Chancellorsville and Gettysburg in 1863, the Union began extracting more blood than it shed. And Lincoln finally got his message across to his army that its job was to destroy Lee, and the confederacy in total.
The consent to be governed occurred when the states ratified, or agreed to be bound by ratification, because not all thirteen colonies had to ratify, rather only 9 had to ratify for the constitution and first ten amendments to become law.Your argument for the 10th amendment requires there first be a power to secede, because the 10th does not itself create any power. Thus, while you are undoubtedly more civil that the obscene child, you add nothing to his argument which is contradicted not just by supreme court case law, but perhaps more importantly by Madison's and other's writings of what they thought the states gave up when the ratified the constitution with the first ten amendments.BRIPAT9643 SAID:
“There is absolutely no federal law that states can't secede, so the supremacy clause simply doesn't apply to this situation.”
Ignorant nonsense.
The Supremacy Clause clearly states that Federal law, the rulings of Federal courts, the Constitution, and its case law are the supreme law of the land, binding on the states and local jurisdictions, where Constitutional case law clearly prohibits one or more states from leaving the Union absent the consent of all the other states.
What you fail to understand is that the Union is an agreement between and among all citizens of the United States, not an agreement among the states (US Term Limits v. Thornton), where the states are prohibited from interfering with the relationship between the people and their National government, as indeed 'secession' would manifest as such unwarranted and unauthorized interference by the states.
The 10th amendment: 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
Where does the Constitution say that "case law" replaced the Constitution again?
The 10th requires there be a power to secede? That makes no sense. The 10th says all powers not ceded to the Federal government remain with the States or the people, that says specifically there does not need to be a power to secede, there needs to be a Federal power stopping secession, and clearly there isn't one.
And as I asked before, when the Feds block secession, clearly there is then no consent of the governed, which is central to the whole concept of our system. Without consent of the governed, we are subjects and not citizens of the government. It's preposterous to say the Federal government has the power to force the people to remain under it's domain after they withdraw consent
The question is simply could consent be withdrawn. The obscene child's OP was demolished by others. Personally, I've never found a smoking gun either way, but logically I don't see how a right to secede could survive ratification. The colonies received various benefits from entering into the union in terms of defense, trade, coinage, respect by other states to its own laws, etc. In exchange for the benefits of the fed govt's "supremacy" in all matters expressly given to the fed govt, the states gave up some limits to their sovereignty. It was a contract. Parties do not have unilateral rights to rescind contracts.
You, or someone else, put up a quote from Jefferson about leaving the union. I don't think he argued there was a right to do so, but rather the other states should let another state go if it chose. That may very well have been an assumption. And it probably was assumed as to slavery. But, secession preceded the emancipation proclamation .. by over two years.
ps, actually I came over to post on the "evolution" of views in the North, and probably be Lincoln himself, as to the need to abolish the institution of slavery as the war progressed. After last week's discussions, I checked out the book The Sword of Lincoln, which is about the Army of the Potomac And it discusses this. As the AOP basically bled the Army of N. Virginia dry, by shedding it's own blood, and in greater quanties, opinions hardened. And then, finally at Chancellorsville and Gettysburg in 1863, the Union began extracting more blood than it shed. And Lincoln finally got his message across to his army that its job was to destroy Lee, and the confederacy in total.
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