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The Civil War Didn't 'Settle' The Question Of State Secession

Posted by freedomforall 4 months ago to Government
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Excerpt:
"While the Constitution doesn’t address secession, it does have a provision that implicitly grants that power to the states. According to the 10th Amendment, “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 does not expressly deny the states of that power (nor delegate it to the central government), secession is reserved to the states.

Even by itself, the word “delegated” further substantiates states’ right to secede, by underscoring that the United States was formed as a compact of independent states — with “states” used in a sense that puts Pennsylvania on par with Mexico or France. Those sovereign states created the federal government to serve them, only granting the new entity powers that James Madison described as “few and defined,” while the states retained powers that were “numerous and indefinite.”

“Delegated” validates that the states are rightly the masters of the federal government they created, and should therefore be free to voluntarily exit the compact just as they voluntarily entered it. As historian Brion McClanahan argued in a 2015 speech, “Sovereignty can be delegated, but a delegation assumes the ability to rescind that power.”

Speaking on the Constitution’s 50th anniversary, former president and statesman John Quincy Adams said:

“If the day should ever come, (may Heaven avert it,) when the affections of the people of these states shall be alienated from each other; when the fraternal spirit shall give away to cold indifference, or collisions of interest shall fester into hatred…far better will it be for the people of the disunited states to part in friendship from each other, than to be held together by constraint.”"
SOURCE URL: https://starkrealities.substack.com/p/the-civil-war-didnt-settle-the-question


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  • 11
    Posted by j_IR1776wg 4 months ago
    America was born to an idea (Individual Rights, limited Government, and Laissez-faire Capitalism) agreeable and acceptable to an overwhelmingly large percentage of the People.

    When an overwhelming large percent of the People no longer agree and accept that idea, America will cease to exist as a union.

    When the idea dies, so does the body.
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    • 10
      Posted by 4 months ago
      The union is voluntary, not perpetual.
      It only exists for those who consent according to natural law and the US Constitution.
      Lincoln was a traitor, a war criminal, and a mass murderer.
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      • Posted by $ splumb 4 months ago
        Agreed.
        Lincoln was a power-mad traitor, who trashed the First Amendment, and threw people who spoke against his policies in military prisons, without benefit of trial.

        Heck, you didn't even have to say anything he didn't like. All that was needed was a neighbor who didn't like you to make an unfounded accusation against you, and whoosh! Off to the hoosegow. Soldiers busting in your door in the dead of night, dragging you out of your bed, tearing your house apart looking for anything to use against you, terrifying your wife and kids. (Just like the bad old days of communism, isn't it, boys and girls?)

        Francis Key Howard (grandson of Francis Scott Key) was a newspaper editor, and a victim of this illegal policy. He wrote a book about it, called "Fourteen Months in American Bastiles". You can still buy it. It's available on Amazon, http://Bookshop.org, and for free here: https://archive.org/details/fourteenm...
        (As an aside, the publishers of Key's book went to the hoosegow, too.)

        Here's a little excerpt:

        "When I looked out in the morning, I could not help being struck by an odd and not pleasant coincidence. On that day forty-seven years before my grandfather, Mr. Francis Scott Key, then prisoner on a British ship, had witnessed the bombardment of Fort McHenry. When on the following morning the hostile fleet drew off, defeated, he wrote the song so long popular throughout the country, "The Star-Spangled Banner". As I stood upon the very scene of that conflict, I could not but contrast my position with his, forty-seven years before. The flag which he had then so proudly hailed, I saw waving at the same place over the victims of as vulgar and brutal a despotism as modern times have witnessed."
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    • Posted by nanovation 4 months ago
      I disagree. America was not "born to an idea". It was the outcome of the European people that settled this land.

      We were warriors with no fear and nothing to lose. We received no handouts, no welfare, no quarter, NOTHING!

      We left everything behind and risked our lives to come here and make a life out of the wilderness.

      Everything tried to kill us here: the elements, the wildlife, the Indians, etc.

      It was not an easy life and thus only the hardiest survived. The WEAK died or went back home.

      It is because of our European heritage and genetics and the fact that only the strongest survived, that made America the Land of the Free and The Home of the Brave.

      That is why the more people we allow to come here that are not of the original stock, the more diluted the American Spirit becomes and the less willing to die for our freedoms the country becomes.

      You really think a Pakistani is going to come here and FIGHT for freedom and liberty and be willing to DIE to preserve those freedoms when he has no connection to the land, the people, or the freedoms our forefathers gave to us?

      Why would he when the public school system and the Jewish owned media tell him everyday how the white people here are all evil racists that are holding him down and that the solution is to murder every white person he sees?

      I would postulate that what we see around us today all started when Lincoln flooded the country with immigrants so he could use them as cannon fodder against the Southern States.

      That's exactly what we've been seeing the last couple of years as Biden's puppet masters instructed him to allow in 100M illegals. When the time is ready, they will use those 100M illegals to murder us all.

      Prepare accordingly.
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  • Posted by CaptainKirk 4 months ago
    Interesting. I don't think you can have a functional marriage when one partner is holding the divorce papers and BOTH parties are not required to agree.

    I find this to be similar.
    While I agree that all other powers belong to the states. Once you Join into a relationship with some level of binding contracts/interest.

    Getting out is never so easy.

    The entire reason to have that agreement allowed for Interstates, Power Lines that cross state boundaries. Etc. Etc. And lead to the greatness this country exemplifies.

    On the other hand, population elected senators was NOT in the design. And states should be PULLING their senators first. Removing the power of the Federal Government to pass laws without the requisite support from Senators.

    We've broken everything.

    I really want the Bull in the China Shop version of Trump. I want him to "reduce" the FBI, CIA, DOJ, Homeland, DOEnergy, DOEducation...

    By 99% Maybe even 99.999%
    Then assign the whistle blowers of each to help rebuild them "SLOWLY".

    BTW, Every CIA/FBI agent not immediately re-hired, will have ALL of their Clearances Revoked. And FLAGGED to require an extensive 49 month review before they can ever have them restored.

    Basically GUT the infrastructure of the Deep State, and make them have to sit it out. Also, make it impossible for the NEXT President to quickly re-assemble it.

    Don't get me started on the Federal Reserve. Greenbacks... 100% With our own Treasury Window.
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  • Posted by DrZarkov 4 months ago
    Secession, if it happens, will likely create an interesting problem: the "red" states currently occupy the middle of the US, from Canada to the Gulf of Mexico, while the opposing "blue" states are bicoastal and separated. That secession could also draw in parts of Washington state, Oregon, and California.

    The blue states are rapidly losing manufacturing, with those companies relocating to friendlier red states. The red states also contain almost all of the food supplies of the US. For those reasons alone I don't think any secessionist move will go unchallenged by the DC hierarchy, resulting in a new civil war that will be the end of the republic.
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    • Posted by 4 months ago
      D.C. is a worse tyranny today than in Lincoln's time as he founded the tyranny.
      I would be very surprised if the Deep State would allow even the smallest exception to the false mantra that secession is treason.
      They can't afford to lose even one citizen/slave or the flood gates of liberty would drown the treasonous tyrants.
      D.C. NIFO
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      • Posted by CaptainKirk 4 months ago
        Companies Make Widgets.
        Governments Make Slaves.

        Once you adopt that view. EVERYTHING not only makes sense, it becomes predictable.

        You want to LEAVE our country and take your assets. NO. We tax your assets first.

        We need more people to tax. Open the border. Their morals and quality do not matter. We don't intend to let them lead. They are the raw material we need to keep our "Government" afloat... Because we STOPPED pretending to be "Of and By the People"...

        They will keep the illusion going. Until they have the control mechanisms (CBDC, Social Credit Scores, etc. etc.) that would AUTOMATE that process so that it is not too "hard" on our "owners".

        And the "House Techies" who are treated better FOR NOW... Will build it all, and laugh because the evil "other" party deserve this... And NOBODY would ever ABUSE such power (if we see WHAT COULD BE and IGNORE what HAS BEEN, so as to not burden it...)
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  • Posted by mhubb 4 months ago
    as the Late, Great Dr Walter Williams said in one of his articles

    if the states did not believe they could leave the union (after a violation of said contract between them) they would never have joined in the first place

    the South made the mistake of firing the first shot, allowing the federal government to declare an insurrection.

    people have the right to leave the union
    why would not that same right default to states?
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    • Posted by 4 months ago
      Yes, Lincoln suckered the Confederacy into a war they foolishly thought they could win.
      FDR did nearly the same to the Japanese by cutting off their access to fuel,
      leaving Pearl Harbor virtually undefended, and then not informing the US Navy
      that a Japanese attack was imminent.
      Two clear traitors to America, guilty of war crimes and mass murder.
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      • Posted by mhubb 4 months ago
        Japan murder millions of Chinese

        we had no obligation to sell Japan oil

        the commanders on site at Pearl Harbor were the ones at fault
        it was their job to protect the base
        the Army commander was responsible for protecting The Fleet when it was in harbor

        that FDR wanted Japan to shoot first is not in question. i still believe they all thought the Philippines would be the main target. Carriers were still secondary behind Battleships (General and Admirals still always fight the last war...)
        there was sufficient warning sent to Pearl nd Manilla
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        • Posted by 4 months ago
          Read Stinnett's book Day of Deceit for many details on FDR's treason.
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          • Posted by mhubb 4 months ago
            one book does not history make

            war warning were sent to all US Pacific commands
            in the Philippines there were followed
            what happened there was due to lack of experience and changing plans from fighting on the beaches and moving all forces to Bataan.
            Planes were in the air over our bases, they landed to refuel and then the Japanese showed up due to bad weather over Formosa that delayed their attack

            us commanders in Peal totally did NOTHING to protect the bases or Fleet. they are 100% at fault for doing NOTHING

            again, it was US policy to allow the enemy to attack first, lack of prep is on all their heads, commanders on up

            luck matters and an Act of God also matters
            i see God in how WW2 started and in J-13 / Trump
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        • Posted by nonconformist 4 months ago
          Correction, it was not Japan that did the killing, it was the criminal organization that was in charge of Japan (the Japanese government) and its military department that did it. I take offense when statists gaslight civilians into feeling guilty for something they never did nor even wanted to have done. Disgusting.
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  • Posted by tutor-turtle 4 months ago
    We ceased being a Republic during the 1870's "Reconstruction" when the we became a corporation USA INC.
    The death knell was 1913 establishment of the FED and a national tax with the vote of a handful of seditious traitors during an absentee Congress over the 1913 Christmas break. Signed into law by an equally dirty rat name Woodrow Wilson.
    Stick a fork in America, she's been done long before you or I were ever born.
    Can we fix it?
    Can Trump fix it?
    The fact the evil powers that be want him dead so bad, methinks he might just have a shot at it.
    Otherwise, why would they be so desperate to get him out of the way?
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  • Posted by Boynton1 4 months ago
    The Tyrant Lincoln overthrew the Republic by taking actions beyond his designated authority. Congress still had the only authority to declare war, and they didn't against the Confederacy. Reading "The Real Lincoln" for a shocking and detailed review of the events that took place.
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  • Posted by $ allosaur 4 months ago
    It is conceivable that America may again split in half in what appears to be a start of speculative action fiction novels written by Kurt Schlichter.
    A couple of months or so ago me dino read "People's Republic" followed by its prequel, "Indian Country" all about the USA split apart into red states and blue states.
    These two books were passed on to me by my most conservative of four brothers who usually passes unto me dino historical novels and Christmas gifted me the AS DVDs that ultimately led me into The Gulch a decade ago.
    The cover of People's Republic will show you who are the good guys and who are the bad for mean and stupid brainwashed sheeple guys.
    The blue states are going to shit for being borderline commies still all into D.E.I. hires.
    "Indian Country" is about a battle that turns southern Indiana red in, ahem, two ways.
    https://www.amazon.com/Peoples-Republ...
    Today is the first time I'm aware that Kurt also wrote "The Attack."
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  • Posted by $ 25n56il4 4 months ago
    Oh dear God let us hope it doesn't come to this. But I don't want the crazies trying to kill our candidates like they do in Mexico and Venezuela. This is unacceptable. God Bless America.
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  • Posted by term2 3 months, 3 weeks ago
    The federal government will NEVER allow secession, period. They didn't in the civil war period, and they wont now. It will be putdown by force, just as it was then. It will take revolution to stop the powers of the federal government and their military might. If the feds run out of money, revolution might be essentially painless as it was with the USSR when THEY ran out of money.
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  • -3
    Posted by nonconformist 4 months ago
    You statists like killing each other over who gets to rule.
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    • Posted by DrZarkov 4 months ago
      Do you consider yourself a sovereign citizen, or an anarchist?
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      • Posted by nonconformist 4 months ago
        Anarchist, assuming you define it correctly (no ruler).
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        • Posted by DrZarkov 4 months ago
          Precise definition is somewhat irrelevant, given that you're correctly defined as a Utopian thinker. Utopias always fail in practice, simply because humans don't behave in the way believers think they should, and never will.

          Humans are social animals that function as best they can in a hierarchical structure. Anarchy is just a different form of Communism, as the desired end state of that philosophy is the withering away of any state structure, with all sharing equally in labor and the results of that collective labor, while Anarchy doesn't care so much about the equal part, as participants who don't contribute as much get what they deserve. It's supposedly a society made up of "lone wolves."

          The lone wolf picture is itself a fallacy, as the wolf pack is a very ordered structure with an alpha male and female at the top, and a pecking order all the way to the bottom. The pack does defend and support even the lowest members, but it acts in much the same manner as a human hierarchical society.

          Obviously you will contend that I've go it all wrong, but I'm always interested in hearing different ideas, so humor me and explain what your kind of anarchy would be like.
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          • Posted by nonconformist 4 months ago
            I have always suspected that there is something greatly wrong in with the idea of government/'the state'. I couldn't quite put my finger on what it was until more recently when I have finally figured it out.

            I have come to a number of realizations that helped me resolve my confusion:
            1. morality exists without government. the laws decreed by the state can only poorly misrepresent what is actually right and wrong.
            2. human predation is the most important force in the world that is causing most of the problems; statism is predation.
            3. freedom is the opposite of slavery, NOT the rights and liberties guaranteed to individuals under the constitution; freedom is reciprocal interactions between members of society; non-reciprocal relationships are slavery.

            My vision for a perfect world is one that is final and universal. It is not democratic or authoritarian, it is not voted upon or decreed. It is scientific, mathematical, logical. My kind of anarchy is not just anarchy. It is the truth.

            My view is that humanity is guilty of extreme dumbfuckery. You guys think you are so smart and righteous. Nothing can be further from the truth. If not for your idiotic misunderstanding of the universe and your stupid behavior, you would have been traveling the stars by now and living unbounded lifespans.

            Here is what I would change about the world:
            1. bring about the abolition of 'the state', dissolve borders.
            2. allow laws to be derived with logic from universally accepted axioms by academia and the like.
            3. allow private organizations to provide security services / 'law enforcement' for profit in a free market, not a monopolist criminal organization that is 'the state'.
            4. get rid of no prisons and replace with labor camps, disallow punishment and replace with repayment of damages
            There is more but it isn't coming to me at the moment.
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            • Posted by DrZarkov 4 months ago
              Some of your ideas could work. Abolition of borders is pretty much the situation we have now, and the result is not positive, because the state is trying to manage the process. English common law is the result of precedence based on legal debate, and seems to work as well as any other way. South Africa has more private security than state police, but the question is what kind of restraints on the use of force would be needed to prevent unending combat between opposing companies. Replacing prisons with labor camps reverts to the old southern chain gang operation, which did keep the roads repaired. Making the duration of labor camp time dependent on repayment of damages sounds logical, and sets goals for the offenders (I like this idea the best).

              The problem you have is how and where to create the opportunity for such a society without the protection afforded by the state. There aren't any places on the planet that aren't claimed by a country already, so it seems you either establish this new society by somehow overthrowing an existing state, or looking off-world on a privately built and supplied space station or colony on the Moon, an asteroid, or another planet.

              Reality sucks - we get that, but we live in the real world, not a fantasy academic vision.
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              • Posted by nonconformist 4 months ago
                The 'protection' 'afforded' by 'the state' is nothing more than a protection racket like with mafia. The question is how do we get rid of these criminals so that some non-criminal security service organizations could start taking over. One idea is to run them down by causing them to go to war against each other, but only in such a way as to keep the balance of power such that they continue to obliterate each other in an equal way until they are down to their last soldier.

                I would imagine once a critical mass of legitimate security organizations is reached, the system would attain a stable state.

                I propose a secret society that would engage in double espionage, false flag operations and such.
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              • Posted by nonconformist 4 months ago
                The only reason for having labor camps is to force unwilling violators to pay back damages to victims and pay for legal costs and costs of their imprisonment. Once everybody is paid back, the perp would be released. There would even be a free market of labor camp organizations which prisoners may have a say in choice of.
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              • Posted by nonconformist 4 months ago
                Conflicts between security service organization would probably never happen because they would use the same law book. In the event that conflict does arise, they would go to an arbiter to resolve it peacefully because that would be cheaper. The only reason why they would need to use force against each other is if one of them is actually wrong about something. I would imagine this would never happen. I guess if one went rogue then maybe. In that case they would probably be overpowered by everybody else.
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              • Posted by nonconformist 4 months ago
                The reason for illegal immigrants overrunning the border is twofold:
                1. they are getting paid by the state once they get here, the funds are involuntarily coming from local population of course
                2. their point of origin has states that prey on them which causes them to want to leave

                Once the states are gone, not many would want to move.
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          • Posted by nonconformist 4 months ago
            As I understand it, statism vs anarchy is a different dimension of thought as compared to capitalism/individualism vs communism/collectivism. One can have any combination, authoritarian individualism, authoritarian collectivism, leaderless individualism and leaderless collectivism. Please don't confuse the two. Anarchy ONLY means no leader / no ruler / no master / total freedom. It says nothing about anything else.

            You appear to be setting up some sort of straw man, then proceeding to knock it down.
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          • Posted by nonconformist 4 months ago
            Definition of words is irrelevant now? Wow. How are we to understand each other?

            Define 'Utopia' for me. I have no idea what you are talking about. If you mean 'ideally perfect place' then I see nothing wrong with wanting perfection. Of course, I do understand that attaining perfection is not easy, but one can at least try.

            'Humans don't behave in the way believers think they should' - sounds like they believe wrong. This is easy to fix: just make the believers believe in the truth and not falsehood.

            You appear to be using some kind of fallacy to argue against me instead of using logical arguments. Which human behavior am I wrong about exactly and why?
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            • Posted by DrZarkov 4 months ago
              Humans are as individual as their fingerprints, so expecting them to awaken to your fantasy and become obedient followers of the "truth" as you define it is the well tread path of autocratic dictators down the centuries of human existence. The usual response to the disobedient is the use of force to compel obedience, and Utopia suddenly isn't so great.

              How do you exist now? Dependent on the labor of others, or do you support yourself?
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              • Posted by nonconformist 4 months ago
                Nobody should be required to obey anybody.
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                • Posted by DrZarkov 4 months ago
                  Then you're content with being ignored. When change is needed, you need to have people listen. Your own words "make the believers believe in the truth," which implies (the word "make") convincing argument, coercion, or use of some kind of pressure if logic alone doesn't work.
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                  • Posted by nonconformist 4 months ago
                    I think violence is allowed in self-defense, pending formal proof. So, if they try to 'tax' me, it is fair game. They would ignore me at their own peril. Of course, if I can't win I might just let it slide for a while.

                    Otherwise yes, I can only hope they find my arguments convincing. Coercion is not allowed.
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              • Posted by nonconformist 4 months ago
                I don't define truth. Truth exists and only needs to be found and shown to be true to everyone. One cannot deny a proof. One also cannot reasonably claim something true without showing the proof.
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                • Posted by DrZarkov 4 months ago
                  Today you have to deal with people who think truth is relative to your individual bias, rather than an absolute - not what I think, but many do. Scientists live to question proof, or new discoveries will never be made. What you say may be an academic truth in logical discourse, but the real world doesn't work like that.
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                  • Posted by nonconformist 4 months ago
                    There is only one reality. If there are differences in opinion about what is true then either all opinions are wrong or only one of them is right.

                    It is fine to question things. Double checking knowledge is always good.

                    There is the truth and then there is what we think the truth is. Those don't necessarily match. I don't think it is possible to know with absolute certainty if some truth is actually true. However, it is possible to get close. The reason why things don't work in the real world how they should based on logic is because there is some mistake somewhere. So, we should not altogether abandon logical discourse and its application to the real world. We should find where the mistake is and fix it.
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