martybegan
Diamond Member
- Apr 5, 2010
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I would argue that this would be the point. The founders, and this is actually an issue they were almost unanimous on at the time, did not believe in majority rule.
They did believe in limited franchise, but within that franchise the state legislatures went with majority rule, as did the house of representatives they set up.
The electoral college votes by majority rule, as does the supreme court, and the sentate (in most cases).
The overall mechanics of a republic is rule by a majority, tempered by a consitution which guarantees certain limits on the pure majorites ability for action.
Well let's go back to the colonies and the King, you said they won the war so the point is moot. But it's not. Either they had the right to secede, or they didn't. Whether the war was won or lost is irrelevant. So did they have the right or didn't they? I mean, Britain was just going by majority rule, right? Why shouldn't the colonies have had to pay for the war that was fought essentially on their behalf?
The sucess of the american revolution made it right. If the confederates had succeeded then Davis would still be an American Traitor, by a confederate hero.
By all means people have the right to TRY to seccede, but they need to suceed to make it "right", by the new countries standard in any event.
Unless explicitly stated in a consitution, secesssion is not allowable unless agreed to by all parties, or by force of arms.