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Indy,
For something to be illegal does not a law have to be broken? Since the Constitution does not forbid secession what law did the Southern States violate when it seceded? To agure that nothing in the Constitution allows secession would be pointless since you do not need a law to allow something.
Why would South Carolina apply to the Federal government over something that was a States Right? Secession is a states right to make a law regarding since it was not a right given to the Federal government. The Federal govt.can only rule on what is in the Constitution they were given right to.
How would South Carolina "apply for secession"?
Regards
Shadowrebel
It's "illegal", for perhaps lack of a better term, because not only is perpetuity inherently written in the Constitution, it also goes against every principle in the formation of a legitimate government. The Founders did not see it as a possibility. To me, it seems a ridiculous notion that a right to secession would be written into the Constitution and that, when forming a gov't, the writers would allow for that gov't to self destruct.
I can't see Thomas Jefferson putting a clause in the Constitution that reads: Article XXX: re:States "If you don't like the person who's elected President or for any other reason, feel free to leave and form your own country. Good luck to you."
It should go without saying that it's NOT legal.
You keep bringing up the 10th amendment (not this post) as the "right" to secede. Was the 10th Amendment even mentioned in any Declarations of Secession? If not, that theory holds no water.
I don't know how exactly S.C. could have "applied." That was my point about there being no procedure in the Constitution. The other point is that they didn't even try to find out. No attempt was made whatsoever. They voted, left, then gave their reasons to whoever would listen.
I've said it before, I'll say it now. If there's a unilateral right to secede any time, for any reason, this entire country is therefore a loose collection of states. That's hardly democracy and hardly makes the United States a Republic.
Last edited on Thu Apr 27th, 2006 09:09 pm by