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Author Topic: Question regarding the legality of secession.  (Read 1618 times)

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nibbler491

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Question regarding the legality of secession.
« on: September 04, 2008, 02:40:29 AM »

I have been recently looking into Abraham Lincoln and the atrocities he committed while president. One of the main points people bring up in regards to the validity of the Civil War, is the legality of secession. Lincoln contested that secession wasn't allowed by the constitution, and therefore couldn't be done, others claim that it was perfectly within the rights of the state to secession, but I haven't been able to find anything that really gives a black and white answer to the question.

So, could someone please clarify?

Thanks in advance.
« Last Edit: September 04, 2008, 03:05:02 AM by nibbler491 »
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Sam Gunn (since nobody got Admiral Naismith)

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Re: Question regarding the legality of succession.
« Reply #1 on: September 04, 2008, 02:50:32 AM »

Succession is allowed by the Constitution, so is Secession.
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nibbler491

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Re: Question regarding the legality of succession.
« Reply #2 on: September 04, 2008, 03:05:28 AM »

Succession is allowed by the Constitution, so is Secession.

Haha...I don't know why I was spelling it that way.

Thanks.
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Alex Libman

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Re: Question regarding the legality of secession.
« Reply #3 on: September 04, 2008, 04:00:06 AM »

You need a piece of paper to give you permission to secede from an evil government?  What do you call your bizarre religion?




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bakerbaker

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Re: Question regarding the legality of secession.
« Reply #4 on: September 04, 2008, 07:11:08 PM »

The Federal government of the United States was created when each individual state ratified the Constitution.

Lincoln's war to force the South's repatriation rewrote history and implied that the states were created by the federal government.
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tanstaafl1981

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Re: Question regarding the legality of secession.
« Reply #5 on: September 04, 2008, 07:47:18 PM »

this isn't a fuckin' poll.
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trollfreezone

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Re: Question regarding the legality of secession.
« Reply #6 on: September 04, 2008, 07:49:43 PM »

Without regard to legality, there's something twisted about a "free country" in which "you must associate with us."



Addendum: The first amendment immediately comes to mind...
« Last Edit: September 04, 2008, 07:52:13 PM by What's the frequency, Kenneth? »
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Tolstoys Fourth

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Re: Question regarding the legality of secession.
« Reply #7 on: September 05, 2008, 07:18:43 PM »

I have been recently looking into Abraham Lincoln and the atrocities he committed while president. One of the main points people bring up in regards to the validity of the Civil War, is the legality of secession. Lincoln contested that secession wasn't allowed by the constitution, and therefore couldn't be done, others claim that it was perfectly within the rights of the state to secession, but I haven't been able to find anything that really gives a black and white answer to the question.

So, could someone please clarify?

Thanks in advance.

If you really want a black and white answer, then I don't think you're gonna get a very good answer.

Both sides have strong cases, both for themselves and against the other side.  I myself think it ought to have been legal and within a states' right to secede; but that perhaps it should have been done by South Carolina in 1828 at perhaps the latest. 

But then I don't think the Constitution is clear-cut on secession;  why would a government-establishing document be explicit on how to unravel itself?  Which Federalist would have signed it, and why would someone intent on maintaining the right of secession bother to have done so?
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