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re: Ole Miss student senate votes to remove state flag.

Posted on 10/23/15 at 8:43 am to
Posted by oneusairman
somewhereville
Member since Apr 2009
568 posts
Posted on 10/23/15 at 8:43 am to
quote:

Jesus Christ. That was US soil. That fort had been there. The federal government was under no obligation to leave any southern post just because secessionists decided to go rogue.


Now your entering into a whole other debate in regards to if the states had a right to secede from the Union.


Both the Articles of Confederation, adopted in 1781, and the United States Constitution, ratified in 1789, established a union of sovereign states under the governance of a federal system. This union was widely understood by both the states and the federal government to be voluntary, and the Constitution was interpreted to reinforce this perspective. At the same time, the founding fathers, particularly Thomas Jefferson, recognized the states' right to secede. Although he did not advocate the exercise of that right, he acknowledged that the entitlement remained with the states and was a right that continued throughout the initial drafts of the Articles of Confederation, the Constitution and the Declaration of Independence.

However, in 1869 after the Civil War The Supreme Court ruled states didn't have a right to secede from the Union. So did they have a right according to the original Articles of Confederation, the Constitution and the Declaration of Independence to secede? Obviously yes they did. That in itself is a heavily debated argument. However, lets simplify it. If Lincoln removed his troops from South Carolina and did not blockade ports due to succession there would not have been a war.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46590 posts
Posted on 10/23/15 at 8:58 am to
quote:

Now your entering into a whole other debate in regards to if the states had a right to secede from the Union.



They didn't, because the Union said they didn't and then went out and won the war over the disagreement. The SC then retroactively said they did not have the legal right to secede.

So as a pertinent matter of fact, the Confederacy did NOT have any right to secede. They just didn't know it yet.
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