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Originally Posted by mookiemookie
But it's not a "flimsy and temporal" legal precedent that says the Union is perpetual. It's the Constitution that does, and the Articles of Confederation before that. Salmon P. Chase: "(The Union of the States) was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to 'be perpetual.' And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained 'to form a more perfect Union.' It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?" |
That's really reaching, in my opinion. Reminds me of Bible interpretating. If the Constitution had declared right out "Once a state enters into the Union, it cannot leave, ever." that would have made an arguement of indissolublity.
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If you want to throw out the Constitution and say screw you guys, we're outta here, that's one thing. It could be the will of the people. It could be the right thing to do. But you can't say it wouldn't be treason and destroying the existing governmental structure, and no state has the legal right to do it.
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Again, I disagree. I'm not a Constituional scholar at all, but in the end, as I see it, the Constitution, awesome as it is, is still just a document of law and laws change. It's like the War Powers Act, it can be circumvented. The Constitution was created on the basis of rebellion. Hard to argue that is it the last word in non-rebellion.
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Some would say that they don't mean it as advocating slavery, but the way I see it, the history of that flag and slavery are so intertwined as to be inseparable. It was an ugly time in our nation's history, and nothing to be romanticized or celebrated.
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Yeah, "state's rights" they say. The "state right" that mattered the most was the right to slavery. The war was over slavery, simple as that. Without slavery, there would have been nothing contentious between the North and South, nothing to get secession started. The Conferedate flag will always be linked to slavery advocation.
