View single post by David White
 Posted: Tue Apr 25th, 2006 03:22 pm
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David White

Joined: Tue Sep 6th, 2005
Location: Texas USA
Posts: 909

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Interesting legal argument, so why did the South resort to force of arms and not file a court case with, what I might add, was a sympathetic supreme court?  Wasn't the firing on Ft. Sumter an attempt by the Confederacy to take back land that belonged to the Federal Government, other than DC, so your premise that they were not taking back land from the Federals is incorrect?

I know with contracts you cannot put conditions in a cover letter that change or add conditions that differ from the intent of the signed contractual document and I would assume common law would apply the same notion to forming nations, therefore if the states wanted the right to withdraw, it was incumbent on them to get such language in the final deal that was signed and as we know, their right to withdraw from the Union is not explicitly stated in the Constitution.

Under the logic of your position and many of the founding fathers of the Confederacy who talked about "Free Association," I would say that NYC does have the right to choose who they will associate with and could vote to leave NY State for PA.  But that is not my position.

Why do you think it was harder to get out of the US under the AoC than under the more "Perfect Union" of the Constitution?  Can you cite some Founding Father's writings that indicate the idea of states leaving the Union was a likely occurrence?  I've looked for and never found discussions about it in the Federalist papers and other similar writings.

Also explain to me how Louisiana cannot dissolve the United States, even if the other 49 want to stay together, since it is obviously not a right of the Federal Government, it must be one left to the individual states to decide.  Is the US dissolved on that one state's decision?  Must Barksdale AFB be handed over to Louisiana?  The aircraft paid by all the taxpayers (most not from Louisiana)?  Do we put it to the vote of all the states?  What happens if 26 states vote for dissolution and 24 say no or vice versa?  Or does it take the consent of 2/3rds of the states?  What do you think the legal process for dissolving the United States is? 

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