Originally posted by Holden McGroin
The supreme court acts slowly. That was the first time the court dealt with seccesion as far as I can find.
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It didn't act on secession at all during the war. It dealt with it post facto 3 years after the war was over. You think the SC was going to tell the Union vets and bereaved families of the deceased that Lincoln didn't have the right to invade the South over secession?
sue me. Far be it from me to question the authority of the Supreme Court on constitutional issues, or the state legislature of slave holding states as to why the seceeded.Let's talk about Constitutional issues.
First one: 4th Amendment and the Constitution. It had been clearly hammerd out prior to the ratification of the Constitution that the slaves in the South were "property" and that the North was Constitutionally bound to return runaways.
So, if the North failed to return them...that would be a
Constitutional issue.Second one: Secession. The 10th Amendment says any power not specifically enumerated to the Federal Government resides in the States or the people. Prior to the Civil War there were no SC rulings on Secession; your post facto 1968 ruling has no bearing on the issue at the time of Secession. The South felt (with good Constitutional reason) that they had the right to withdraw from the Union. Lincoln, with not a shred of Constitutional support declared war on the South to "save the Union".
Once again, the 10th Amendment makes secession a
Constitutional issue.
Pretty clear the Civil War was fought over Constitutional issues.
This was an "act or instance of revolting against civil authority or an established government"
It can also be characterised as "organized opposition to authority; a conflict in which one faction tries to wrest control from another."
These are dictionary definitions of insurrection.
Dandy little definitions to be sure; to bad they don't apply. After the South withdrew from the Union, the Federal Government had no existence in those States. Hard to act against a civil authority that has...no authority.
Again, the 10th clearly reserves to the States the power to remain in or withdraw from the Union. That power most certainly is not enumerated to the Federal Government.