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Old February 5, 2009, 04:00 PM   #14
FALPhil
Senior Member
 
Join Date: September 10, 2007
Location: Racoon City
Posts: 933
Quote:
The Civil War made succession illegal. The post-war legalities just tidied things up.
You couldn't be more wrong.

First of all, technically the USA never had a civil war. We had a war of secession. It was not even technically a rebellion.

Second of all, there is no provision in the Constitution that allows the federal government to force states which voluntarily joined a union to voluntarily leave that union.

Lincoln and his supporters acted in an unconstitutional manner.

Thirdly, there is no provision in the Constitution for using war as a lawmaking activity. That function is reserved to Congress alone.

That being said, the Confederacy acted in a hotheaded manner and should have pursued their actions in federal court, which, at the time, was very pro-states' rights. Of course, considering that Lincoln threatened the members of SCOTUS and their families with bodily harm if they went against him, it may have backfired and reverted to bellicosity anyway.
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