No American state has the right to secede no matter how many petitioners sign.

Isn't this kind of an academic issue? Texas can draw up any document it wants to justify secession. Heck, that is how the Declaration of Independence and the US Constitution came into being in the first place. The real question is could Texas successfully secede from the US. I think it would be very difficult in todays interconnected society. Then again, who would stop it?
 
That in itself is a testimonial to his military success in shortening the South’s insurrection that cost our country almost 700,000 casualties.

Best Regards

Lobato1


Breaking this country has already been tried before. Hopefully someone will always step up to save it.

general-william-tecumseh-sherman.jpg
 
The stupidity of the South is why military retirees can not draw Government retirement and Military retirement even if they earn both. Sherman had both so in the 1880 to 1890 period the Southern Congress members got a bill going barring both because Sherman drew both.

Now a military retiree can either draw military retirement or Government retirement not both even if they earned both. But a Government employee can draw VA and Government retirement. Again something a Vet can not do. If you are a military retiree you have to pay dollar for dollar for any VA payments you get awarded.

A change has been made a combat veteran can draw retirement and VA but for example I retired in 95, I take VA payment since it is twice my retired pay. And I forfeit my retirement.

All because Losers in the South hated Sherman.
 
In the Prize case:
The USSC had to decide if a state of war existed that justified President Lincoln’s actions to subdue hostile forces.


The USSC stated that if the United States were invaded by foreign nations the president was not simply authorized to resist that invasion by use of force:


He was bound by his responsibility to do so. His position requires that he accept such a challenge without awaiting a grant of authority by the legislature.

The Court argued that it does not matter it the hostile group is a foreign invader or organized state rebellion, both are considered acts of war.



My Reference: 4 Case Breifs 3/3



Best Regards

Lobato1


Isn't this kind of an academic issue? Texas can draw up any document it wants to justify secession. Heck, that is how the Declaration of Independence and the US Constitution came into being in the first place. The real question is could Texas successfully secede from the US. I think it would be very difficult in todays interconnected society.

Then again, who would stop it?

 
Well, this the first thread on this topic that made it to a second page without degenerating into a bunch of macho posturing. A few comments.

1. Texas is not the only state to be a republic upon admission to the Union. Vermont was a self-governing republic (January 15,1777-March 3, 1791) despite land claims from New York and New Hampshire. It provided independent military units during the Revolutionary War (the famed "Green Mountain Boys" under Ethan Allen), and was never effectively organized by any of the claimants. the Vermont Republic also established a mint and issued it's own coinage.

In 1779, John Greenleaf Whittier anonymously published "The Song of the Vermonters" which had characteristics in the last stanza that were similar to Ethan Allen's prose and caused it to be attributed to Allen for nearly 60 years. The last stanza reads:

Come York or come Hampshire, come traitors or knaves,
If ye rule o'er our land ye shall rule o'er our graves;
Our vow is recorded—our banner unfurled,
In the name of Vermont we defy all the world!

The Vermont Constitution of June 2, 1777 outlawed slavery and extended adult male sufferage to all regardless of property ownership; the first entity to do either in North America. BEFORE being admitted to the Union, Vermont agreed to pay to New York 30,000 Spanish milled dollars in settlement of New York's claims (more on this later).

2. Texas was admitted to the Union as a result of an Act of Congress ratifying a treaty with the Republic of Texas. Texas was allowed to bypass the territorial phase by submitting its state constitution for Congressional approval while independent. That constitution, as noted by another poster was approved and took effect December 29, 1845. The other poster is in error, however, in confusing that constitution as the organic act. The organic act was the United States Act of Congress authorizing the Treaty of Annexation and that Treaty.

3. The treaty did not resolve the borders of Texas and left the Texas Republic's debt of $10 million the responsibility of the State of Texas. It soon became obvious that Texas could not pay this debt. One of the components of the "Compromise" of 1850 was a bill through which the United States assumed the debt and Texas agreed to its present boundaries. Unlike Vermont, it turns out that Texas historically was never able to fund itself or its land claims.

4. As noted, the Articles of Confederation explicitly forbade the right to succeed.

5. In Lincoln's First Inaugural Address you will find the best constitutional analysis of the issue of succession. Lincoln begins with an argument that sovereignty implies a perpetual union.

Lincoln's First Inaugural Address said:
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.

Then Lincoln progresses to a second point; if the United States is a voluntary compact, the law of contracts must apply.

Lincoln's First Inaugural Address said:
If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Thirdly Lincoln makes an historical argument about the nature of the Union, which predates the Constitution.

Lincoln's First Inaugural Address said:
Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

Fourthly Lincoln makes a basic point about the law of nations. A successful revolution is its own justification. A failed revolution is just treason.

Lincoln's First Inaugural Address said:
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.

He closes this point by noting that no one has an oath to destroy the Union, but he has taken an Oath to preserve it.

Lincoln's First Inaugural Address said:
You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to "preserve, protect, and defend it."

I'll avoid quotations and detail, but in the Address Lincoln also makes several practical arguments that the South was better off inside the Union than outside it, that the doctrine of succession would devolve into anarchy, and that the protection of slavery was more viable with a federal government than some treaty between North and South as sovereign nations. It is in the South's best interest to remain in the Union.

Following a discussion of the Supreme Court, Lincoln refrains from endorsing the Crittenden Amendment, while saying that if passed he would abide by it, and indicates a constitutional convention of delegates elected by the people (and who could not be officeholders in state or national government!) to propose any amendments.

Lincoln closes with the famous appeal to the shared history as a nation.

I am frankly puzzled that most discussions of succession ignore this speech. Not only is it historically important, but it is a pinnacle of constitutional reasoning and an astounding triumph of rhetoric.
 
Perhaps the only comment I would have is that originally the Thirteen Colonies confederated themselves on a constitution known as: “Articles of Confederation & Perpetual Union,” .

Ergo: There was nothing "Implicit" about a "Perpetual Union."


However, it was the South fearing being abandoned by the North & headed by the Virginians George Washington & Thomas Jefferson that insisted on a Federation so as not to be abandoned by the North & carried the day on an “Indissoluble Federation of States.”


Best Regards

Lobato1










Well, this the first thread on this topic that made it to a second page without degenerating into a bunch of macho posturing. A few comments.

1. Texas is not the only state to be a republic upon admission to the Union. Vermont was a self-governing republic (January 15,1777-March 3, 1791) despite land claims from New York and New Hampshire. It provided independent military units during the Revolutionary War (the famed "Green Mountain Boys" under Ethan Allen), and was never effectively organized by any of the claimants. the Vermont Republic also established a mint and issued it's own coinage.

In 1779, John Greenleaf Whittier anonymously published "The Song of the Vermonters" which had characteristics in the last stanza that were similar to Ethan Allen's prose and caused it to be attributed to Allen for nearly 60 years. The last stanza reads:

Come York or come Hampshire, come traitors or knaves,
If ye rule o'er our land ye shall rule o'er our graves;
Our vow is recorded—our banner unfurled,
In the name of Vermont we defy all the world!

The Vermont Constitution of June 2, 1777 outlawed slavery and extended adult male sufferage to all regardless of property ownership; the first entity to do either in North America. BEFORE being admitted to the Union, Vermont agreed to pay to New York 30,000 Spanish milled dollars in settlement of New York's claims (more on this later).

2. Texas was admitted to the Union as a result of an Act of Congress ratifying a treaty with the Republic of Texas. Texas was allowed to bypass the territorial phase by submitting its state constitution for Congressional approval while independent. That constitution, as noted by another poster was approved and took effect December 29, 1845. The other poster is in error, however, in confusing that constitution as the organic act. The organic act was the United States Act of Congress authorizing the Treaty of Annexation and that Treaty.

3. The treaty did not resolve the borders of Texas and left the Texas Republic's debt of $10 million the responsibility of the State of Texas. It soon became obvious that Texas could not pay this debt. One of the components of the "Compromise" of 1850 was a bill through which the United States assumed the debt and Texas agreed to its present boundaries. Unlike Vermont, it turns out that Texas historically was never able to fund itself or its land claims.

4. As noted, the Articles of Confederation explicitly forbade the right to succeed.

5. In Lincoln's First Inaugural Address you will find the best constitutional analysis of the issue of succession. Lincoln begins with an argument that sovereignty implies a perpetual union.

Lincoln's First Inaugural Address said:
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.

Then Lincoln progresses to a second point; if the United States is a voluntary compact, the law of contracts must apply.

Lincoln's First Inaugural Address said:
If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Thirdly Lincoln makes an historical argument about the nature of the Union, which predates the Constitution.



Fourthly Lincoln makes a basic point about the law of nations. A successful revolution is its own justification. A failed revolution is just treason.

Lincoln's First Inaugural Address said:
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.

He closes this point by noting that no one has an oath to destroy the Union, but he has taken an Oath to preserve it.

Lincoln's First Inaugural Address said:
You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to "preserve, protect, and defend it."

I'll avoid quotations and detail, but in the Address Lincoln also makes several practical arguments that the South was better off inside the Union than outside it, that the doctrine of succession would devolve into anarchy, and that the protection of slavery was more viable with a federal government than some treaty between North and South as sovereign nations. It is in the South's best interest to remain in the Union.

Following a discussion of the Supreme Court, Lincoln refrains from endorsing the Crittenden Amendment, while saying that if passed he would abide by it, and indicates a constitutional convention of delegates elected by the people (and who could not be officeholders in state or national government!) to propose any amendments.

Lincoln closes with the famous appeal to the shared history as a nation.

I am frankly puzzled that most discussions of succession ignore this speech. Not only is it historically important, but it is a pinnacle of constitutional reasoning and an astounding triumph of rhetoric.
 
Isn't this kind of an academic issue? Texas can draw up any document it wants to justify secession. Heck, that is how the Declaration of Independence and the US Constitution came into being in the first place. The real question is could Texas successfully secede from the US. I think it would be very difficult in todays interconnected society. Then again, who would stop it?

It would stop as soon as Texans realized they would have to pay for their own stuff and clean up their own messes. EXAMPLE: over half the S & L debacle was for Texas institutions. But all Americans got to pay for it.
 
It is far more likely that the nation will simply break up with no one seceding. Liberals could just rewrite the Constitution to govern New America, and let Old America go. By mutual agreement.
 
That ultimately led to the financial glass bottom breaking in the August 2008 financial crisis & those institutions were bailed out in October 2008 with 760 billion bucks chargeable to the incoming Obama administration's 2009 fiscal year starting October 1, 2008 through September 30, 2009.

Sad.

Best Regards

Lobato1




Isn't this kind of an academic issue? Texas can draw up any document it wants to justify secession. Heck, that is how the Declaration of Independence and the US Constitution came into being in the first place. The real question is could Texas successfully secede from the US. I think it would be very difficult in todays interconnected society. Then again, who would stop it?

It would stop as soon as Texans realized they would have to pay for their own stuff and clean up their own messes. EXAMPLE: over half the S & L debacle was for Texas institutions. But all Americans got to pay for it.
 
Well, this the first thread on this topic that made it to a second page without degenerating into a bunch of macho posturing. A few comments.

1. Texas is not the only state to be a republic upon admission to the Union. Vermont was a self-governing republic (January 15,1777-March 3, 1791) despite land claims from New York and New Hampshire. It provided independent military units during the Revolutionary War (the famed "Green Mountain Boys" under Ethan Allen), and was never effectively organized by any of the claimants. the Vermont Republic also established a mint and issued it's own coinage.

In 1779, John Greenleaf Whittier anonymously published "The Song of the Vermonters" which had characteristics in the last stanza that were similar to Ethan Allen's prose and caused it to be attributed to Allen for nearly 60 years. The last stanza reads:

Come York or come Hampshire, come traitors or knaves,
If ye rule o'er our land ye shall rule o'er our graves;
Our vow is recorded—our banner unfurled,
In the name of Vermont we defy all the world!

The Vermont Constitution of June 2, 1777 outlawed slavery and extended adult male sufferage to all regardless of property ownership; the first entity to do either in North America. BEFORE being admitted to the Union, Vermont agreed to pay to New York 30,000 Spanish milled dollars in settlement of New York's claims (more on this later).

2. Texas was admitted to the Union as a result of an Act of Congress ratifying a treaty with the Republic of Texas. Texas was allowed to bypass the territorial phase by submitting its state constitution for Congressional approval while independent. That constitution, as noted by another poster was approved and took effect December 29, 1845. The other poster is in error, however, in confusing that constitution as the organic act. The organic act was the United States Act of Congress authorizing the Treaty of Annexation and that Treaty.

3. The treaty did not resolve the borders of Texas and left the Texas Republic's debt of $10 million the responsibility of the State of Texas. It soon became obvious that Texas could not pay this debt. One of the components of the "Compromise" of 1850 was a bill through which the United States assumed the debt and Texas agreed to its present boundaries. Unlike Vermont, it turns out that Texas historically was never able to fund itself or its land claims.

4. As noted, the Articles of Confederation explicitly forbade the right to succeed.

5. In Lincoln's First Inaugural Address you will find the best constitutional analysis of the issue of succession. Lincoln begins with an argument that sovereignty implies a perpetual union.

Lincoln's First Inaugural Address said:
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.

Then Lincoln progresses to a second point; if the United States is a voluntary compact, the law of contracts must apply.

Lincoln's First Inaugural Address said:
If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Thirdly Lincoln makes an historical argument about the nature of the Union, which predates the Constitution.



Fourthly Lincoln makes a basic point about the law of nations. A successful revolution is its own justification. A failed revolution is just treason.

Lincoln's First Inaugural Address said:
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.

He closes this point by noting that no one has an oath to destroy the Union, but he has taken an Oath to preserve it.

Lincoln's First Inaugural Address said:
You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to "preserve, protect, and defend it."

I'll avoid quotations and detail, but in the Address Lincoln also makes several practical arguments that the South was better off inside the Union than outside it, that the doctrine of succession would devolve into anarchy, and that the protection of slavery was more viable with a federal government than some treaty between North and South as sovereign nations. It is in the South's best interest to remain in the Union.

Following a discussion of the Supreme Court, Lincoln refrains from endorsing the Crittenden Amendment, while saying that if passed he would abide by it, and indicates a constitutional convention of delegates elected by the people (and who could not be officeholders in state or national government!) to propose any amendments.

Lincoln closes with the famous appeal to the shared history as a nation.

I am frankly puzzled that most discussions of succession ignore this speech. Not only is it historically important, but it is a pinnacle of constitutional reasoning and an astounding triumph of rhetoric.

Likely because it invalidates any rationale for ‘secession.’

Of course no one is actually advocating ‘secession,’ even if they say they are; such efforts are only an attempt by the partisan right to contrive a myth that the Nation is ‘coming apart’ as a consequence of Obama’s reelection.
 
Well, this the first thread on this topic that made it to a second page without degenerating into a bunch of macho posturing. A few comments.

1. Texas is not the only state to be a republic upon admission to the Union. Vermont was a self-governing republic (January 15,1777-March 3, 1791) despite land claims from New York and New Hampshire. It provided independent military units during the Revolutionary War (the famed "Green Mountain Boys" under Ethan Allen), and was never effectively organized by any of the claimants. the Vermont Republic also established a mint and issued it's own coinage.

In 1779, John Greenleaf Whittier anonymously published "The Song of the Vermonters" which had characteristics in the last stanza that were similar to Ethan Allen's prose and caused it to be attributed to Allen for nearly 60 years. The last stanza reads:

Come York or come Hampshire, come traitors or knaves,
If ye rule o'er our land ye shall rule o'er our graves;
Our vow is recorded—our banner unfurled,
In the name of Vermont we defy all the world!

The Vermont Constitution of June 2, 1777 outlawed slavery and extended adult male sufferage to all regardless of property ownership; the first entity to do either in North America. BEFORE being admitted to the Union, Vermont agreed to pay to New York 30,000 Spanish milled dollars in settlement of New York's claims (more on this later).

2. Texas was admitted to the Union as a result of an Act of Congress ratifying a treaty with the Republic of Texas. Texas was allowed to bypass the territorial phase by submitting its state constitution for Congressional approval while independent. That constitution, as noted by another poster was approved and took effect December 29, 1845. The other poster is in error, however, in confusing that constitution as the organic act. The organic act was the United States Act of Congress authorizing the Treaty of Annexation and that Treaty.

3. The treaty did not resolve the borders of Texas and left the Texas Republic's debt of $10 million the responsibility of the State of Texas. It soon became obvious that Texas could not pay this debt. One of the components of the "Compromise" of 1850 was a bill through which the United States assumed the debt and Texas agreed to its present boundaries. Unlike Vermont, it turns out that Texas historically was never able to fund itself or its land claims.

4. As noted, the Articles of Confederation explicitly forbade the right to succeed.

5. In Lincoln's First Inaugural Address you will find the best constitutional analysis of the issue of succession. Lincoln begins with an argument that sovereignty implies a perpetual union.

Lincoln's First Inaugural Address said:
I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.

Then Lincoln progresses to a second point; if the United States is a voluntary compact, the law of contracts must apply.

Lincoln's First Inaugural Address said:
If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak—but does it not require all to lawfully rescind it?

Thirdly Lincoln makes an historical argument about the nature of the Union, which predates the Constitution.



Fourthly Lincoln makes a basic point about the law of nations. A successful revolution is its own justification. A failed revolution is just treason.

Lincoln's First Inaugural Address said:
This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.

He closes this point by noting that no one has an oath to destroy the Union, but he has taken an Oath to preserve it.

Lincoln's First Inaugural Address said:
You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to "preserve, protect, and defend it."

I'll avoid quotations and detail, but in the Address Lincoln also makes several practical arguments that the South was better off inside the Union than outside it, that the doctrine of succession would devolve into anarchy, and that the protection of slavery was more viable with a federal government than some treaty between North and South as sovereign nations. It is in the South's best interest to remain in the Union.

Following a discussion of the Supreme Court, Lincoln refrains from endorsing the Crittenden Amendment, while saying that if passed he would abide by it, and indicates a constitutional convention of delegates elected by the people (and who could not be officeholders in state or national government!) to propose any amendments.

Lincoln closes with the famous appeal to the shared history as a nation.

I am frankly puzzled that most discussions of succession ignore this speech. Not only is it historically important, but it is a pinnacle of constitutional reasoning and an astounding triumph of rhetoric.

The only people arguing for the right to leave the Union have no interest in presenting the facts that refute their own claims. Those arguing the South had a legal right also have no reason to actually list the reasons they did not. They are better off ignoring facts as the facts are they had no such right.
 

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