@Setanta,
Granted that under Article I Section 8, Congress has the power
to "suppress Insurrections" I find it impossible to believe that in the 1700s,
the ratifying States were so
LACKING in claustrophobia and doubt
as to intentionally lock themselves into a union from which
thay coud never leave.
Indeed,
MY State, NY, in its Instrument of Ratification of the US Constitution,
was
most acutely explicit qua its right to leave the union if that were deemed necessary to its happiness.
BEHOLD:
NEW YORK INSTRUMENT OF RATIFICATION
00/04/17 NY Instrument of Ratification of the Constitution
Record Group 11, The National Archives, Washington, DC
“ That the powers of government may be reassumed by the people
whensoever it shall become necessary to their happinesss ....
That
the People have a right to keep and bear Arms;
that a well regulated Militia, including
the body of the People
capable of bearing Arms,
is the proper, natural and safe defence of a free State;
That the Militia should not be subject to Martial Law, except in time of
War, Rebellion or Insurrection."
THEN: Be it known that We the People of the State of New York, Incorporated in
statehood under the Authority of The Constitution of the United States of America
by the New York Instrument of Ratification, thus are graced by the
full benefits and liberties predicated under that document;
or we are made and held captive
under Unlawful Powers to which Under God we cannot, must not,
and do not submit.”
[All emfasis has been added by David.]
(I guess its kinda obvious that the New Yorkers
forgot about that
when thay invaded the South.)
Other States did likewise, in
THEIR Instruments of Ratification,
not NY alone.
If my torpor did not exceed my sloth,
I 'd dig them out for exhibition.
ANYWAY, in the fullness of good faith,
I believe that the jurisprudential analysis of
a sincerely
honest, impartial court
woud have found that a State had the Constitutional freedom
to leave the Union, the same way that America can quit NATO,
or quit the Organization of American States, or the UN, if we decide to.
Indeed, the Constitution provided in its 10th Amendment that:
"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."
[All emfasis has been added by David.]
That can reasonably be understood to include the power
of the States to leave the Union, upon which the States relied
when thay decided to ratify the US Constitution.
A peaceful decision to discontinue membership
is
NOT an "Insurrection".
The history of the world will bear witness
to the fact that governments
LOATHE &
ABHOR the loss of geografy.
I offer, for your consideration,
the concept that the Northern invasion was only an exercise in brute force
and it was not supported nor authorized by the Constitution
that the Northerners swore to uphold, and from which
the Southerners resigned.
If anyone will feel better by pointing out
that might makes right, we can still consider the issue,
if we wanna.
Mr. Setanta, if u prefer that consideration hereof
not be on your thread, please lemme know
n I 'll be happy to defer to your wishes
and begin a new thread on this topic.
David