--- In [email protected], [EMAIL PROTECTED] wrote:
>
>  
> In a message dated 7/24/06 1:10:46 A.M. Central Daylight Time,  
> [EMAIL PROTECTED] writes:
> 
> Curiously, there is a school of thought -- led by none other than  
> Ben Stein of "Win Ben Stein's money" fame -- that the attempt at  
> secession by the South in the 1860s was entirely legit. I believe 
> that  the jist of it is that the residual power in the constitution --
> that's the  power that says that anything not explicitly given to 
> the federal  government goes to the states -- would go to the states 
> because there is  no mention of who has power over secession in the 
> constitution.  So...
> 
> 
> 
> Yes, See the Declaration of  Independence.

And in addition to that, the, the argument goes, the Treaty with
Britian after Rev War explicily was with 13 "free independent
sovereign" entities / nations. Soveriegty was maintained in Articles
of Confederation. When the 13 nations seceeded from the Confederation
of States, they did not explicitly give up their sovereign natures.
Thus they have the right to suceed. Jefferson wrote about such a right
into the early 1800's -- as did many others. 

And of course, regardless of constitutionality, sucession could happen
if the "mother nation" simply does not object. In the years preceeding
the civil war, many, including Horace Greely, and many abolitionists,
advocated "let them go peacefully". 

Its Lincoln's argument that the ex-colonies soverign states' agreement
to adopt the Constitution and enter the union was irrevokable and
eternal that does not find any basis in the Consitution, or the ethos
and mindset of free men and entities  -- or even basic logic.








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