View Single Post
Old February 5, 2009, 04:00 PM   #14
Senior Member
Join Date: September 10, 2007
Location: Racoon City
Posts: 933
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.
FALPhil is offline  
Page generated in 0.03705 seconds with 7 queries