|View single post by MildMan|
|Posted: Sat Jan 19th, 2013 06:37 pm||
Just Testing Ideas
|Oh my, not again!
I just can’t let Texas Defender present his opinion about the legality of secession as facts. AND I see he is being as rude to ebg as he was to me when I presented facts.
The facts are these,
1) 1n 1869 The US Supreme Court in Texas vs. White ruled that unilateral secession is and was illegal. The Supreme Court decides what existing laws mean and to so it considers the law as written, the intent authors of a law (such as the authors of the constitution) and they apply this with logic and common sense. On the topic of secession, since the Supreme Court has ruled, only the opinion of the Supreme Court on the legality of secession matters, not how we read the constitution.
2) In the Texas vs. White opinion they decided that secession was illegal in 1861. This case decided that bonds sold by the government of Texas in 1861 had to be honored by the reconstruction government after the Civil War because the state could not have unilaterally seceded. The court determined that secession NEVER HAPPENED because it could not have happened. The Supreme Court did not rule that all secession was illegal, just that a state could not unilaterally (meaning on its own) decide to do so. Texas Defender doesn’t want it known that this decision looked back to say unilateral secession was illegal in 1861, the Supreme Court didn’t just decide that secession was illegal from the date of the decision, 1869, forward.
3) The legality of secession was openly debated before the Civil War. It is true that the court had not ruled on the topic before secession had occurred, it was an open question that could only decided by the court.
My whole problem with defenders of secession is that they want to rationalize secession as being entirely reasonable. Secession was a radical, hot headed and illegal action that plunged the country into war, devastated the southern people and the southern economy for almost 100 years and killed 750,000 brave souls on both sides.
Last edited on Sat Jan 19th, 2013 06:40 pm by MildMan