I covered this extensively in my book, "A Patriot's Call to Action". Note: Southern leaders weren't hauled off to trial for treason after the war because the North didn't want to risk losing what they were hoping they had won the battlefield at a terrible cost in fortune and lives. The South was perfectly within its rights to secede. It wasn't a rebellion to advance a "civil war". The CSA wanted not to dominate the union (object of civil war); the CSA wanted to survive as an independent nation. Lincoln was a tyrant, but the victors always write the history of such events (reflecting their biases/viewpoints) and build undeserved monuments to themselves for their perfidy.
Secession by a State of the United States of America can ONLY occur if the Constitution of that state that was approved by the U.S. Congress at the time it granted statehood to that state included a secession clause in it at that time.
Editorial Comment: Nowhere in the US Constitution secession even mentioned If secession is not prohibited to the states in the Constitution, it is a power reserved to the states and to the people.
The Tenth Amendment authorizes the states to do whatever they want as long as it is not prohibited in the Constitution. Secession is not prohibited in the Constitution, therefore it is a power reserved to the states.
Exactly, Keith. As I mentioned in previous comments, during the Constitutional Convention and State Ratifying conventions nary a peep was raised in opposition to the notion of a States inherent authority/right to secede. In fact, in an effort to underscore that authority, in their State Constitutions New York, Rhode Island and Virginia explicitly conditioned their ratification of the Constitution on their absolute authority to withdraw/secede from the union should the compact no longer serve "their interests". Don't know why folks--especially on the right--get this wrong. I guess decades of brainwashing by revisionist historians, jurists and self-serving politicians has, indeed, taken a terrible toll. And. like you said, because secession per se doesn't appear in the Constitution as a matter to be settled by the federal gov't, the 10th Amendment applies.
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".
James Madison: "The powers delegated by the proposed Constitution to the federal government, are FEW and DEFINED. Those which are to remain in the States governments are NUMEROUS and INDEFINITE." (Federalist #45)
State Declarations of Understanding which attended their ratification of the Constitution clearly reflected their understanding that federal authority is STRICTLY limited to Art i Sec 8, Art 1 Sec 10 and Art VI Para 2.
By design, the States and the People are the ultimate authority and arbiters in such matters.
I dearly hope our conservative colleagues get up to speed on the Constitution. Ignorance of same extremely dangerous.
And yet, the problem remains the same; they don't follow a single thing in it now. What makes you think "they" are going to care about one little amendment?
Morton, what's critically important is that WE understand and care "about [that] one little amendment". The 10th is our ace in the hole. As are our Natural Rights.
Frankly, I hope I live to see the unbridgeable cultural/ideological divide assailing this country finally formalized. Going down in the hulk of a sinking ship strikes me as profoundly short-sighted and self-destructive.
Secession may be patriots' only hope of restoring constitutional order--if not throughout the country, then at least in those parts of it which wisely choose to be independent of this madness.
For me, this toxic, turbulent, irreconcilable cultural/ideological division can only end in the union's dissolution--just as the founders would have counseled it should.
History teaches us that no country is immutable; thus, we shouldn't be surprised that the USofA is undergoing profound foundational change. A re-ordering of the union is clearly in the cards--and it need not be bloody at all. And now more than ever I welcome it. Let our founders be our guide.
But being forced NOT the breach their Oath Of Office CONTRACT will force them to care or GET out of being a public servant!