Is another US Civil War Possible?
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Originally Posted by
Greg
The Supremacy Clause is the provision in Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land"
Please reference the place in the Constitution, statute or US treaty that denies secession. AAMOF, since the ratification was done with the ability to secede that would implicitly be part of the Constitution, which would override any statute or treaty.
Have you read their ratifications and the legislature's passage? Beyond that, what Art IV, Sec III, Clause I involves secession? This was in the Constitution when ratified, so again it doesn't prevent secession.
None of which stated states could not secede.
I never claimed they were not co-equal, but they are not a legislative body with law making power, or at least should not be, especially since not elected.
Your argument has turned circular and thus, fallacious. Once again, you're inaccurately assuming that the absence of language in the Constitution equals a right to secession. You can ask the same question over and over again if you feel the need. Doing so though does not make your point valid or factual.
Case law is every bit as legally binding as a statute and I listed the relevant case law, the Federalist Paper to which you requested, etc. in this matter. It's on you that you keep ignoring it in favor of *just* written statute.
In post #95, I spelled out the legal argument against your position. Many legal scholars agree with that assessment.
I'm happy and confident to continue this debate should you offer up something new.
Re: Is another US Civil War Possible?
Getting back to Lincoln, Frederick Douglas would agree with me that Lincoln is not the racist that Darb painted. A critic in the beginning who thought he was racist, Douglas changed his mind when he was invited to the WH by Lincoln several times, one of the first blacks to go there and when Lincoln brought blacks into the Army.
Booker T. Washington was the first black person invited to a WH dinner. He was invited by Teddy Roosevelt.
http://www.buzzle.com/articles/presi...roosevelt.html
http://www.mrlincolnswhitehouse.org/...38&subjectID=2
Re: Is another US Civil War Possible?
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Once again, you're inaccurately assuming that the absence of language in the Constitution equals a right to secession.
For one, that is what the 10th amendment says. Second, it is not my total argument.
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Case law is every bit as legally binding as a statute and I listed the relevant case law,
No, it is not, case law can be overturned by another judge and has on a number of occasions, many of which I am sure you are familiar with so I need not list them.
Statutes are binding until the legislature repeals or modifies them. However, it requires new legislation to do so. Case law can be changed by simply changing venues or even judges in the same venue. No judge is bound by a previous judge's decision if he doesn't think it is the best interpretation of the law.
Re: Is another US Civil War Possible?
So you have nothing new ....