Lincoln and his defenders, then, must believe that the states somehow “surrendered” their status as sovereign nations, in the act of ratifying the Constitution (or, as Lincoln added in his First Inaugural, "the union matured”
. However this is negated by the 10th Amendment specification that powers were merely delegated, i.e.,
“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” (emphasis added).
In this context, therefore, powers were delegated to the federal government via the Constitution by the states ratifying it, not out in the interest of any sort of collectivism, but merely for the purposes of practical harmony in co-existence – with both union and non-union nations – solely for advancing the individual benefit of the respective delegating state.
Meanwhile, the 9th amendment likewise states that:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Since the term "others" as used here, clearly refers to rights not enumerated in the text of the Constitution, then it thus implicitly preserves those rights enumerated via prior documents – such as the Articles of Confederation,
which specifically retains the “sovereignty, freedom and independence” of every state – which the Constitution does not exclude anywhere (but rather preserves, since states would have to retain their sovereign powers in order to delegate them).
Here the term “the people” must likewise be defined, with this term referring to the same “people” referenced initially in the Constitution’s preamble — and which, as has been well-established elsewhere, did not refer to all persons in the United States collectively; rather, the term "the people" refers solely to the citizens of the states individually and respectively, speaking through their elected officials — and even then, only those states ratifying the Constitution at the time.
This is further implied in the Constitution’s Article IV, Section 2, statement that:
“The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
Clearly, separate reference to "citizens of each state,” as opposed to “citizens in the several states,” clarifies that citizenship was strictly state-specific and derived, and not union-related in any way whatsoever: in fact, the term “Citizen of the United States” was never known prior to the passage of the 14th amendment following the Civil War – being a pure post-Lincoln invention – , and would have no more meaning prior to that war, than “Citizen of the United Nations” in today’s context to imply similar supremacy.
As such, it is clear that the Ninth Amendment implicitly reserved the right of every state, to the same sovereignty, freedom and independence which existed previously, i.e., no less than that of any other nation in the world.
Finally, even when admitting all of the above, anti-secessionists almost unanimously claim their proverbial "trump-card" in the Constitution’s so-called “Supremacy clause” of U.S. Constitution Article VI, which states that:
“This Constitution… shall be the Supreme Law of the Land, and the judges in every state shall be bound thereby, anything in the laws or constitutions of any state notwithstanding.”
The level of absurdity in declaring any sort of logical victory, based on such an obviously flawed argument is astounding; for here the explicit language regarding this “Supreme Law” clearly, specifically and unmistakably states – in plain English, no less – that this “law” is binding on “the judges in every state — ” and only the judges.
In contrast, the remainder of the Article omits all other officials from any such bond, using very different language in describing its relation to them; to wit:
“The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.”
Any person literate in the English language — not to mention the language of law and logic — should be able to recognize that such explicitly omissive and separate treatment, translates to the fact that the Constitution does not claim any legal binding effect whatsoever, on anyone but state judges; rather, such language merely implies recognition of the Constitution by officials as a mere mutual good-faith agreement. It is simply absurd, after all, to claim that the phrase “state judges shall be bound by law, while all others shall be bound merely by a promise or agreement to support the law,” somehow translates to the notion that “all officials are bound by law – ” particularly when the final clause specifically precludes any religious test from implying the term “oath or affirmation” as binding via any common "higher law," such as an oath specifically to God, Allah or the Buddha – even allowing religions for which oath or affirmation has no higher context.
As such, the implication here is that the Constitution is a mere treaty between separate and sovereign nation-states — a treaty which state officials simply agree to “support,” as opposed to being bound to obey such as a law, under penalty of such. Rather, this treaty is written as merely a bi-lateral agreement, with each side bound solely by its own conscience and good reputation – and as such, may be thus dispensed with entirely, if either side believes a breach of faith has been committed by the other.
To claim otherwise, i.e., that every state committed itself to the supreme and final binding arbitration (and mercy) of the Federal government in settling disputes – under force of law wielded by such – would not only be nonsensical for the purposes of protecting the states from possible abuses by this same Federal government, but moreover is nowhere expressed – or even implied – in the Constitution or any other document.
With the Constitution thus expressing nothing contrary to individual states retaining their status as sovereign nations, Lincoln found it thus necessary to invent such, claiming in his First Inaugural Address that “Perpetuity is implied, if not expressed, in the fundamental law of all national governments.”
Here Lincoln commits a pure logical fallacy – if not an outright deception – via switching context and assuming, outright, that the Constitution defines a “national government.” This assumption is not only supported nowhere in the Constitution or prior documents, but in fact his statement “implied if not expressed” specifically contradicts Ninth and Tenth Amendment reservations that all un-expressed rights and powers — including those of state sovereignty, freedom and independence — were retained by the states; even expressed powers of the United States were likewise mere delegations of state authority – thus implying their status as separate sovereign nations.
In conclusion, I cannot imagine why anyone would imagine that separate nations, would knowingly and willingly surrender their individual sovereignty — particularly, as in the case of the United States, after their having just won it via bloodshed from centralized and consolidated tyranny firsthand, against all believed likelihood of success; perhaps such persons believe Lincoln’s claim – which he makes in his First Inaugural Address once again – that “All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guaranties [sic] and prohibitions, in the Constitution that controversies never arise concerning them” (emphasis added).
In like manner, I cannot answer how any rational or thinking person can be so naive, as to actually believe that any laws or order can be made so perfect as to preclude any incidence whatsoever of government breaches or excesses – to the extent of such "never arising" – so that the supreme protection of national sovereignty was no longer considered necessary or even desirable to the people of any state in the Union. Rather, I can only prove that such supreme national sovereignty was established and recognized by law for each and every state – and that no law or document that surrendered or compromised it in any manner whatsoever, was ever passed or ratified by them.