Skylar
Diamond Member
- Jul 5, 2014
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You have claimed that, per the constitution, secession is illegal.
I've claimed that a State lacks the authority to strip the federal government of a constitutionally delegated power. And that secession would strip the federal government of constitutionally delegated powers.
That's your opinion.
The lack of authority to secede isn't my opinion. Its case law. Your argument has literally never worked in any US court, ever.
Mine has a perfect record of sucess. And of course is backed by James Madison himself:
partake of the wonder that the men you name should view secession in the light mentioned. The essential difference between a free Government and Governments not free, is that the former is founded in compact, the parties to which are mutually and equally bound by it. Neither of them therefore can have a greater fight to break off from the bargain, than the other or others have to hold them to it. And certainly there is nothing in the Virginia resolutions of –98, adverse to this principle, which is that of common sense and common justice.
The fallacy which draws a different conclusion from them lies in confounding a single party, with the parties to the Constitutional compact of the United States. The latter having made the compact may do what they will with it. The former as one only of the parties, owes fidelity to it, till released by consent, or absolved by an intolerable abuse of the power created. In the Virginia Resolutions and Report the plural number, States, is in every instance used where reference is made to the authority which presided over the Government. As I am now known to have drawn those documents, I may say as I do with a distinct recollection, that the distinction was intentional.
James Madison
You choose to insist that you know the constitution is supposed to mean better than James Madison and the courts.
Um, no. You don't.
So I guess we're done. You claimed that, per the constitution, it's illegal for a state to secede, but when asked to support your claim, you have failed to provide the relevant law.
Nice try.
As you obviously know I've claimed that secession violates the constitution as it strips the federal government of constitutionally delegated powers. Something no state has the authority to do.
And you were done before you got here. As no court nor law recognizes your pseudo-legal nonsense as having any legal validity. You literally had to ignore James Madison and insist you knew better on what the constitution was supposed to mean.
Enjoy irrelevance. Legally, historically and philosophically.