DC
On Thu, Feb 5, 2009 at 9:28 AM, Shane Mage <shmage at pipeline.com> wrote:
>
> On Feb 4, 2009, at 7:34 PM, Charles Brown wrote:
>
>>
>>> As odious as the Confederacy was, they had every right to
>>> secession...
>>>
>> Legally speaking , from whence do you derive this "every right" to
>> secession
>>
>
> From the plain text of the Tenth Amendment which declares that rights not
> specifically granted to the federal government or denied to the states are
> retained by the states or the people. Since the Constitution says nothing
> about separation of a state from the union, secession is legally a right
> retained by the states or the people. The proper answer, which Lincoln
> could not make because he was in no way a revolutionary, is that secession
> is not the right of a state but of the "people" of that state, including
> blacks, women, and native Americans. Moreover, US citizenship under the
> Fifth Amendment cannot be revoked without due process; so the leaders and
> soldiers of the Confederacy, by making war (Fort Sumter) against the US,
> were openly committing treason and needed to be arrested and subjected to
> the punishment (capital) prescribed for treason.
>
>
> Shane Mage
>
> This cosmos did none of gods or men make, but it
>> always was and is and shall be: an everlasting fire,
>> kindling in measures and going out in measures."
>>
>> Herakleitos of Ephesos
>>
>
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