@Setanta,
Setanta wrote:Well, as a matter off fact, the states of the southern confederacy
did not leave the union--they simply tried to . . .
As a matter of
"fact", that is false, deceptive, erroneous, and bogus. (Its also fake.)
If that had been
true,
then the Lincoln government cud have
controlled events in Alabama & Texas in 1862. It cud
NOT. It did
NOT.
As a matter of
LAW, judged from a Union perspective,
the Southern States remained within the US,
because Lincoln 's government chose to look at it that way.
Setanta wrote:and failed, at great cost of blood and treasure.
The South was conquered by the North.
Setanta wrote: As someone who is always whining about the constitution,
EVERYONE: notice his choice of words
qua a citizen 's reference to the Supreme Law of the Land,
as tho to imply that sometimes other considerations shud be elevated above it.
If he does
NOT mean that,
then he is free to express what he means.
Setanta wrote:and indulging often hilarious flights of fancy about "originalism,"
I have it on good authority
that that's supposed to be spelled
: "hi-lar-i-ous".
Setanta wrote:i'm surprised that you fail to recognize
that the southern confederacy was unconstitutional
Setanta, u appear either not to
KNOW, or not to
UNDERSTAND
the historical background of the adoption of the Constitution.
The States who chose to join up did not intentionally lock themselves in
forever.
In vain will u search the Constitution for a declaration
that its like entering a jail whose door goes only
ONE way
and that after u enter, no matter how claustrophobic u get,
u can never get out again. If u allege that it
DOES,
then please cite us to that provision. Rather, the temper of the times,
was like joining
SEATO, or joining the UN, or joining Oprah's fan club.
Presumably, the right of secession was within the 1Oth Amendment.
Can u think of a competent
refutation of that theory
(other than successful military brutality), Setanta ??
Indeed, during the War of 1812, there were rumblings of secession
from the New England States.
This spirit of independence and freedom
was expressed in the Instruments of Ratification
of some of the States that joined the Union, including New York, thus:
"NY 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.]
Setanta wrote:--leaving aside that they attacked United States troops and installations without provocation.
OK. We 'll leave that aside.
Setanta wrote:Article One, Section Ten, reads, in its entirety:
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
These provisions apply to States which are
MEMBERS
of the United States. Thay do
not apply to
non-members.
The provision itself does
not allege that it applies to
non-members.
The Southern States quit, resigned, disaffiliated & separated themselves
from the US government, thereby avoiding its jurisdiction, like successfully wealthy men
who renounce their citizenship to avoid financial abuse by government.
David