@Thomas,
OmSigDAVID wrote:To your mind, woud the secession have been OK
if the INDIVIDUALLY departed States had remained solitary ?
Thomas wrote:You mean, if they had held a popular vote on secession,
followed some orderly process after the vote came out positive,
and not initiated violence against the United States?
OK, but what I actually had in mind
was referring to your designated objection to the formation
of a CONFEDERATION or an alliance by the departed States,
as distinct from their remaining solitary and INDIVIDUAL,
as Texas was before it ratified the Constitution.
I see it differently, to wit:
that Constitutional prohibition against confederations
was meant to apply to States who continued political existence within the Union,
not after thay had hit the road.
Thomas wrote:I would consider that an open question, much closer to your leaving-the-EU scenario. If I
had to pick a favorite side, though, I would
still be inclined to say that
Texas v. White was correctly decided.
I guess u don t see an issue with inherent judicial corruption
with the USSC being indirectly
de facto a judge in its own cause??
The Court and each of its Justices were in the pay of an entity
that benefited from its holding. Was the Court really free
to hold that the States had a legitimate 1Oth Amendment right
to leave the Union because thay never agreed to remain confined within it?????
(assuming that thay do not form a confederation)
Judges are ethically required to avoid
EVEN THE APPEARANCE of impropriety.
If the Court had ruled that there was nothing improper
with the withdrawal, then it 'd be declaring that Martyr Lincoln
wasted huge numbers of human lives and other injuries
and that in consequence of the Southern secession,
those States were no longer within the Union,
nor were thay when the bonds were sold.
Was that judicial option a political reality ?
Was it really feasible for the Court to do that??
If not, then what does that mean for
impartiality??
I wonder if any of those judges were appointed by Lincoln himself.
I have not researched it. Do u see my point ?
David