Posted under Sovereignty and Secession
I wanted to bring a couple of recent articles on secession to your attention.
Brion McClanahan has this one up at TAC. McClanahan was a graduate student of Clyde Wilson. So I guess TAC can occasionally print something other than appologias for moderation (Jack Hunter excepted).
The Union, then, through a declaration of war could attempt to force the seceded States to remain, but even if victorious that would not solve a philosophical issue. War and violence do not and cannot crush the natural right of self-determination. It can muddle the picture and force the vanquished into submission so long as the boot is firmly planted on their collective throats, but a bloody nose and a prostrate people settles nothing.
And Thomas DiLorenzo has this one at LewRockwell.com.
“Be Patriotic: Become a Secessionist”
Abraham Lincoln, his administration, and members of the U.S. Congress committed treason when they levied war against the Southern states in 1861-1865. This fact is clearly proven by the plain words of Article 3, Section 3 of the U.S. Constitution that defines treason as follows:
“Treason against the United States, shall consist only in levying war against them , or in adhering to their enemies, giving them Aid and Comfort” (emphasis added).
As in all the founding documents, the phrase “United States” is in the plural, signifying the free, independent and sovereign states. The free and independent states were united in ratifying the Constitution and delegating a few powers to the national government (Article 1, Section 8), while reserving all others for the people, respectively, or the states, as stated in the Tenth Amendment.
It’s very disappointing that Scalia has stated that he believes secession is illegal. See the TAC article. But it’s nice to see the issue of secession being publicly debated.
Matt Weber on 07 Dec 2012 at 11:55 pm #
Scalia’s reasoning was so transparently bad that I can’t believe he wasn’t just playing politics.