|View single post by Shadowrebel|
|Posted: Wed Apr 26th, 2006 11:33 pm||
Thank you for your reply. Your examples of the military and getting married are not exactly correct. You join the military knowing you have a certain committment of time once that time is up you may leave. When you get married you may leave the marriage when you wish and have it legally dissolved. Neither is a forever committment.
Since there is no mention of secession in the Constitution there is nothing for the courts to rule on. Again if it is not specified in the Constitution it is a states right. Is it not? My use of AoC II was to show that the states retained any rights not granted to the U.S., Article XIII does not restrict secession.
Ownership of Fort Sumter has been debate, without resolution, for a long time and is probable not ever going to be settled.
You can read "intent" into anything. The intent of the Founding Fathers is not relevent as you can not determine what it was, so you can only use what they wrote. You cite the Federalist Papers, if you read the Anti-Federalist Papers you get an entirely different view: http://www.wepin.com/articles/afp/index.htm
The Federalist Papers were written to get acceptance of the Constitution and I would not think the Founding Fathers would say anything in regard to secession since they were not even sure that they would survive their revolution.
Lincolns' determination that secession was not legal is his opinion which he was intitled to.
Until someone can show me where it states in the Constitution, the Law of the Land, it is was expressly forbidden to secede from the Union I will standby my contention that if it is not a power granted to the Federal govt. it remains a states right.
Since the Founding Fathers(Thomas Jefferson) stated that one of the reasons for bearing arms was to defend against the tyranny of ones' government the South only did as the Founding Fathers state they had a right to do.