UofM-TKE |
04-13-2010 02:56 PM |
I wrote my comment to express my belief in self determination for all people, even Southerners if they chose to exercise it, and the logical problems to which that those who deny self determination must resort. Notice that I do not refer to any legal problems, since we know that any great evil done by a government is always legal to that government and its courts.
Since you took some time to declare me wrong and since your reply is a good example of these problems, I will respond.
Considering the Colonies - America, Great Britain and South Carolina in particular. After we abstract away the redundant, we get this.
SC can leave GB but SC cannot leave A because we are A. This is the definition of Special Pleading i.e. we can do it to them, but you can not do it to us, because we are special.
Except in the case of Virginia and its western counties. V can leave GB but V can not leave A because we are A, except that the western counties of V can leave V because they like A. Twice Special Pleading.
Quote:
Originally Posted by MysticCat
(Post 1916597)
Not at all. While the two actions have some similarities, they also have differences.
South Carolina didn't "secede" from the United Kingdon in 1776, it declared its independence from the UK. It was a colony of the UK, not a constituent part of the UK. And the only "right" it possessed to declare its independence was what some might describe as a moral or natural right. There certainly was no legal right. Independence was won only by revolution and by treaty at the end of a war.
By contrast, South Carolina in 1860 had ratified the Constitution and thereby esyablished itself as one of the United States. South Carolina's actions in 1860 brought what before had been a hypothetical constitutional question to a head: Could a state that had ratified the Constitution later withdraw that ratification.
Following the Civil War, the Supreme Court in Texas v White held that once a state has entered the Union by ratification of the Constitution, it cannot revoke that ratification. Note this portion (with emphasis added): When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States. Based on this, the Court held that the articles of secession were null and void as a matter of law.
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