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Sunday, November 11, 2012

You Say You Want A Re-Secession?

Daniel Webster, February 16, 1833:

I love liberty no less ardently than [Senator Calhoun], in whatever form she may have appeared in the progress of human history...Yet, sir, it is our own liberty, guarded by constitutions and secured by union; it is that liberty which is our paternal inheritance, it is our established, dear bought, peculiar American liberty to which I am chiefly devoted, and the cause of which I now mean, to the utmost of my power, to maintain and defend.
...
While the constitution lasts, [questions of secession] are repressed; they spring up to annoy and startle us only from its grave. The constitution does not provide for events which must be preced- ed by its own destruction. Secession, therefore, since it must bring these consequences with it, is revolutionary.

Madison wrote to Webster about his speech: It crushes "nullification" and must hasten the abandonment of "Secession."

Of course, he made a distinction between secession and revolution, which the Supreme Court also did in Texas v White (1869)

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.

Give all this history, I'm still puzzled--and laughing--at the notion of petitioning the President of the United States to just wave his hand and let states "peacefully secede."  Even if he wanted to, he can't.

Now, you clever Slacktivists might consider petitioning your Congressional Delegations and/or State Legislatures to propose Constitutional Amendments or call for a Convention (or try going the extra-Article V route) and get consent from the States for your departure (believe me, I'd support it).  Or you could sack up and start that revolution you've been threatening.

Otherwise, stick to posting Facebook memes and stop bothering Obama when he's got real problems to solve...

ntodd

November 11, 2012 in Constitution, Schmonstitution | Permalink

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Comments

Time to resurrect Tecumseh Sherman and give him some nuclear weapons to play with.

Just vaporize the fuckers and be done with it, once and for all.

Posted by: Snarki, child of Loki | Nov 13, 2012 5:15:07 PM

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