PeterS wrote:
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The US Supreme Court ruled that the Texas secession of 1861 was unconstitutional, and had never been valid. ... Since the Constitution does not grant Congress the power to accept secessions, one could argue that it has no such authority, and therefore states cannot legally secede.law - Was the secession of the Confederate states illegal ...
https://history.stackexchange.com/.../was-the-secession-of-the-confederate-states-illegalI know you probably don't care what the supreme court has to say but since that is the reason it is there I thought I would just point out what they had to say. And are you upset that Sherman burned down the south? If the north had lost you might be able to make a case for brutality but it was the Souths fault for succeeding so all they can do is blame themselves.
And I do love how you seem to have gotten off on the wrong foot with the latest conservative know-it-all to join the board though no one can denigrate your fellow man better than you. Rush Limbaugh would be sooooo proud....snif, snif...
Snip>> b The US Supreme Court ruled that th... (
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The decision you refer to was reached in 1869. Every single one of the majority was a Lincoln appointee. As such this decision is questionable at best. A post war court justifying the Union aggression. You are quick enough to take this viewpoint when it comes to the Mexican War, and to our forays into the mideast. What I said was that in 1861 (You
CAN say 1861, and you DO realize that comes before 1869, right?) there was no law whatsoever prohibiting secession. Three of the last four states to ratify the Constitution, NY, RI, and VA) did so with a proviso that they reserved the right to secede. They were admitted to the Union nonetheless, ergo; secession was legal. A kangaroo SCOTUS justifying Northern aggression after the fact notwithstanding. SCOTUS decisions are not written in stone; the Court has reversed itself around 130 times.
In 1861, there was no law preventing secession. There was not a single state admitted between 1789 and 1860 with any precondition about secession obtaining. When VA seceded, they did so initially as an independent Republic, and did not join the Confederacy until invaded by a Union Army. For those of you who claim that the Confederacy started the war by shelling Fort Sumter, explain why in spite of VA's lawful secession and desire to remain neutral, Lincoln sent an Army to force them back into the Union before they had committed a single act of violence against the US. As a matter of fact, SC, who started it, remained untouched for quite some time.
I noticed that at no time was the statement made that s***ery had never been legal. Doubtless because the winners had themselves engaged in the practice. During the War, four states that remained loyal to the Union still permitted s***ery, and not one s***e purportedly freed by the
Emancipation Proclamation was included in that number. The wife of Ulysses S Grant owned four s***es and kept them in bondage until forced to free them.
As for secession never having been legal, that is a falsehood that has somehow never been addressed. It is unconstitutional to pass an ex post facto law. You cannot punish someone for doing something that was legal when they did it. Although I digress, this is why the gun bans of Colorado and Illinois recently enacted will never stand. They provide criminal penalties for an action that was lawful at the time it was undertaken. They may or may not be able to ban future purchases but they cannot make it illegal retroactively. It is the same principle as secession. You cannot criminalize something that was lawful until you said it was not.
I don't agree with secession or s***ery, but there are a great many things that are/were wrong-headed that are/were also lawful. Saying something that was legal has always been illegal is bulls**t.
By the way, you said it was the South's fault for "succeeding." Had they "succeeded," there would not be a United States today. You may not like the fact that I own semi auto firearms, but they are legal, and no Court can lawfully say in the future that it is illegal for me to do so and has always been illegal.
I disagree with almost everything you say, but it is legal for you to say it, and no court at a future time can criminalize your actions if they were legal at the time you took them.
One more thing, Mr. Legal Scholar.... have you ever read the Tenth Amendment to the Constitution? It says
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Since the Constitution did not grant Congress the power to accept secessions, that was reserved to the states and the people.
Or the Ninth Amendment, which states that
“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”I realize that as a Liberal you pick and choose which laws and rights should apply and which should not, but your druthers don't mean a lot in the grander scheme of things.
One more point about the brutality of Union troops in Georgia... a great deal of that brutality was visited on the b****s they were supposed to be freeing. When Lee's army was in Maryland and Pennsylvania, Confederate troops who committed acts of murder, rape and robbery were shot or hung. Sherman encouraged brutality toward civilians. When Sheridan laid waste to the Shenandoah his troops destroyed almost as many pro Union homes and farms as they did those of Southern sympathizers.
You should do something about those sniffles. Perhaps some nice tofu and herbal tea, and a good snort of Hobbit farts. I would provide you with new crayons for your coloring books, but they have those nasty old sharp points. I know how you h**e assault crayolas.