Secession, right or wrong?

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Oldguard
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RE: Secession, right or wrong?

Post by Oldguard »

ORIGINAL: Twotribes

Governments are neither moral or immoral. They dont have friends and they dont act as Individuals act. Perfect example, it is murder if an Individual decides to shot someone dead and claim their house, mass murder if they kill a whole community. It is NOT murder if a country goes to war, killing how ever many people it takes to accomplish its goal and that can and does include taking other peoples homes and property.
The disconnect between the two concepts has to do with a nation's right to preserve itself and to preserve the rule of law. Germany did not necessarily have the right to invade Poland, but the Allies certainly had the right to declare war in defense of their treaty with the victims. The difference between war and mass murder shouldn't even be an issue of debate here.
An Individual is a bully if they force others to do as they want, a Government is simply promoting the greater good for the Society when it does it.
Because that's the government's job. Individuals will (usually) act out of self interest, not community or state interest.
When I argue that the South had no legal right to quit the Union it has nothing to do with morals or right and wrong. It has to do with law and the responsibility of the Government and those Governed.
You keep trying to make the point that secession was illegal. I responded to you once in the other thread, pointing out that the Constitution never says a word (then OR now) about the right to secede but now you're back again trying to throw the same assertions against the wall - they're still not sticking.

The basis for claiming that the South did not have the legal right to secede is soley based on the fact that the North won the war. Period. It's no different than if we'd lost the Revolution and the British could claim we had no right to declare our independence -- as callous and superficial as it may sound, there's truth to the fact that the victors write history, not the losers. If the South had won, Southern history books would never claim it was an illegal war.
laws and Governments are worthless if people can just decide " damn, I dont like that" and quit the Government or ignore the law.
Which places the onus for governing justly on the government, right where it should be.
Rebellions are neither right nor wrong they just are. BUT one can not compare The US rebellion against Britian and the US Civil War in the same way. Britian gave the Colonies NO representation at all in the greater Government. Ohh sure they let the Colonies have local Governments, but th people had NO representation at all in England, the King and parliment could simply ignore, supercede or change any local law they chose with NO input from the people.

In fact the Colonies would not have revolted ( rather they wouldnt have had the numbers needed) if England and given them representation.
You're oversimplifying. First, it wasn't so much that the colonists didn't want to pay taxes -- they, in fact, sought any means at hand to avoid paying ANY taxes. And the British compounded the situation by multiplying the tax rates by severalfold to cover their enormous £133 million debt left over from the Seven Years' War. That was the catalyst that sparked American revolt, not the common element of taxation. The issue of representation was not important until the tax rates were jacked so high.
And when the South split, Lincoln tried his damndest to avoid a shooting war, he didnt even raise an army till AFTER the south attacked Federal Forts in the South.
A very strong case could be (and has been) made that the election of the anti-slavery candidate Lincoln was in itself seen as provocation and incentive by the south to secede. Until the shelling of Sumter, I doubt that most government officials really believed that there would be open bloodshed.

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RE: Secession, right or wrong?

Post by Twotribes »

If your going to IGNORE what is said and twist it to what you want it to have said, I have little I can do to provide rebuttal.
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RE: Secession, right or wrong?

Post by Twotribes »

I do like the claim that the British simply "bloodlessly" released its possions from 1860 to 1950.

I suspect that the Irish , the Indians, the South African whites for example might disagree with that claim. ( included in India would be present day Pakistan and Bengladesh). And I dont mean the Northern Irish either. These three I know had a good bit of bloodshed in becoming independent.
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RE: Secession, right or wrong?

Post by Oldguard »

ORIGINAL: Twotribes

If your going to IGNORE what is said and twist it to what you want it to have said, I have little I can do to provide rebuttal.
I suppose that's going to have to be my position, as well, since you've ignored my challenge twice now. It leads me to believe you really don't have any support for the idea that the Constitution forbade secession. I'm not surprised.
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RE: Secession, right or wrong?

Post by Raverdave »

Just to toss a spanner in the works............should not we be calling this the second civil war? 
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RE: Secession, right or wrong?

Post by Twotribes »

If you had bothered to actually read the other thread you would have found my response.

EVERY article, every clause in the Constitution is why a State or local Government can NOT simply leave without approval of the federal Government. Requiring either an amendment to the Constitution or an agreement from the federal Government authorizing the State or local Government to leave.

The Constitution isnt worth the time or paper it is written on if every time a State disagreed with the majority it could simply pick up its ball and go away. EVERY power granted to the federal Government and the stipulation that the federal Government Superceded every State and local Government would mean NOTHING if a State or local Governmetn could just leave if it disagreed with the Federal Government.

Only the Federal Government or an amendment to the Constitution can authorize a State or local Government the right to leave the Union. The document is clear as crystal, the Federal Government, NOT the States, is the supreme law of the land and it is tasked with ensuring the rights and privaleges of the Country on every citizen in every State. The President is task with ensureing the safety of the Union.

I have already named specific Articles and Clauses though I didnt mention all that apply.
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RE: Secession, right or wrong?

Post by Grotius »

Just to toss in a little law here: International human rights law does not currently recognize an unqualified individual right of unilateral secession. It does acknowledge a right of "self-determination of peoples." See, e.g., Int'l Covenant on Civ. & Polit. Rts., Art. 1(1) ("All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."). Note that the right speaks of "peoples," as a group -- not "individuals."

Some commentators argue that this right includes a qualified right of a minority group or area to secede in extreme circumstances involving human rights violations, but the point is not agreed upon, and there are relatively few recent examples of state practice to support such a right. There is more agreement that the right to "freely determine" one's political status includes a right of *mutual* (rather than unilateral) agreement on secession.

Much the same set of rules may apply in American constitutional law. The U.S. Supreme Court has held, in a post-Civil War case, that states can't unilaterally secede from the Union, which the Court described as "indissoluble." But that decision might not preclude secession by mutual agreement. That strikes me as a liveable compromise.

An interesting related question is the converse: what if a majority of states wanted to oust a state from the Union? 49 states vote for a constitutional amendment evicting, say, Maine. I suppose once one amends the constitution, that's the end of the matter, but who knows.
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RE: Secession, right or wrong?

Post by Twotribes »

Not sure that the document can easily be amended to oust a State without its consent. The Constitution lays at the Federal Governments feet the responsibility to ensure a certain type of government in every State and requires that all States be protected and safeguarded. Cant see where such an act would ever need to come about.
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RE: Secession, right or wrong?

Post by Paper Tiger »

ORIGINAL: Twotribes

I do like the claim that the British simply "bloodlessly" released its possions from 1860 to 1950.

I suspect that the Irish , the Indians, the South African whites for example might disagree with that claim. ( included in India would be present day Pakistan and Bengladesh). And I dont mean the Northern Irish either. These three I know had a good bit of bloodshed in becoming independent.
Actually if you read the claim it states that "numerous" colonies not "all" colonies and it also refers to 150 years later.
Ask the Australians, Canadians, New Zealanders etc indeed the Indians and Pakistanis were both given indipendance rather than fought a rebellion, same goes for the South Africans and the Irish. All of the last four indeed did rebel at one point or another but it should be noted that the mere existance of a rebellion does not infer that the majority of the people support it. India is 1 Billion people for gods sake, if everyone had supported the rebellion it would have succeeded by weight of numbers. The Irish eventually were given a free vote and those provinces with a majority for indipendance got it. Note the ones who lost the democratic vote resorted to terrorism to try to force the issue on the majority, and many Americans fed money to these terrorists over the years.
Largely the question is does the rebellion have the support of the majority of the population within the area wanting to split away? If so then the area Should in a democratic country and in my opinion have that choice. Sadly politicians are generally too wedded to power to allow this to happen in many cases and would prefer to spend the lives of many young men to cling on to the power.
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RE: Secession, right or wrong?

Post by Jonathan Palfrey »

ORIGINAL: Oldguard
The disconnect between the two concepts has to do with a nation's right to preserve itself and to preserve the rule of law. Germany did not necessarily have the right to invade Poland, but the Allies certainly had the right to declare war in defense of their treaty with the victims. The difference between war and mass murder shouldn't even be an issue of debate here.

Killing by individuals isn't always regarded as murder: if you kill in self-defence, or if you kill someone who's murdering others. The conduct of governments can be regarded in much the same way. To start a simple war of aggression, as Hitler did repeatedly, is surely mass murder.
ORIGINAL: Oldguard
Individuals will (usually) act out of self interest, not community or state interest.

And governments don't act out of self-interest? Governments are made up of people: most of their actions are self-interested. Their main interest is to preserve and extend their own power; often this merely involves trying to maximize their party's vote at the next election, but war is also sometimes used if it seems likely to do the job.
ORIGINAL: Oldguard
You keep trying to make the point that secession was illegal. I responded to you once in the other thread, pointing out that the Constitution never says a word (then OR now) about the right to secede but now you're back again trying to throw the same assertions against the wall - they're still not sticking.

The basis for claiming that the South did not have the legal right to secede is solely based on the fact that the North won the war. Period. It's no different than if we'd lost the Revolution and the British could claim we had no right to declare our independence -- as callous and superficial as it may sound, there's truth to the fact that the victors write history, not the losers. If the South had won, Southern history books would never claim it was an illegal war.

I agree with you about all this.
ORIGINAL: Oldguard
The issue of representation was not important until the tax rates were jacked so high.

As far as I know, tax rates in Britain's American colonies were very low and remained very low. The colonists objected even to the very low taxes they were asked to pay. And arguably, without representation, they were entitled to object; but I don't think it's right to say that the taxes were ever high.
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RE: Secession, right or wrong?

Post by Jonathan Palfrey »

ORIGINAL: Raverdave

Just to toss a spanner in the works............should not we be calling this the second civil war?

Call it the third if you like: the English Civil War came first.
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RE: Secession, right or wrong?

Post by RERomine »

ORIGINAL: Grotius

Much the same set of rules may apply in American constitutional law. The U.S. Supreme Court has held, in a post-Civil War case, that states can't unilaterally secede from the Union, which the Court described as "indissoluble." But that decision might not preclude secession by mutual agreement. That strikes me as a liveable compromise.

Being after the war, the Supreme Court decision would have been influenced by the fact that a war had been fought over the issue. If it was within 10 years or so after the end of the war, the court would have certainly been dominated by justices from Northern states, further effecting their decision.

Twotribes is raising in greater depth the point I mentioned before with reference to powers granted to the Federal government by the U.S. Constitution. The act of secession interferes with the powers, thus the question of legality. Sure, nowhere in the Constitution does it say a state can or cannot secede in so many words. It is implied that secession is illegal. The often referenced to the 10th Amendment isn't a free pass out of the Union:

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.

First, it indicates the Constitution has the power to prohibit powers to states. This basically means it has power of the states. Not a big problem because the power it has was approved by all the states to begin with. They wouldn't be states if they hadn't. Here is one nifty little prohibition I found:

No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Second, it says the states may exercise powers not reserved to the Federal government. The implied is states may not interfere with those powers. Again approved by the states when the ratified the Constitution. The explicit includes things like states may not maintain a navy or coin money. There are lots of others as well.

It seems to me, the Confederate states violated their legal agreement to the U.S. Constitution in many areas. Twotribes also brought up the reference in the other thread to Treason. All Confederate soldiers and officers would have been subject to United States laws governing treason had General Grant's terms to General Lee not removed that possibilty. The terms said they could go home "...not to be disturbed by the United States authorities so long as they observe their paroles and the laws in force where they may reside."

Obviously, all this is nothing more than my opinion. Were I a judge, it might be worth something on this topic, but I'm not. Want to ask me questions about computer programs, I can give you a professional opinion on those. I also charge a fee [:D]
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RE: Secession, right or wrong?

Post by AU Tiger_MatrixForum »

Jonathan Paltrey
ORIGINAL: Oldguard
You keep trying to make the point that secession was illegal. I responded to you once in the other thread, pointing out that the Constitution never says a word (then OR now) about the right to secede but now you're back again trying to throw the same assertions against the wall - they're still not sticking.

The basis for claiming that the South did not have the legal right to secede is solely based on the fact that the North won the war. Period. It's no different than if we'd lost the Revolution and the British could claim we had no right to declare our independence -- as callous and superficial as it may sound, there's truth to the fact that the victors write history, not the losers. If the South had won, Southern history books would never claim it was an illegal war.

I agree with you about all this.
ORIGINAL: Oldguard
The issue of representation was not important until the tax rates were jacked so high.

As far as I know, tax rates in Britain's American colonies were very low and remained very low. The colonists objected even to the very low taxes they were asked to pay. And arguably, without representation, they were entitled to object; but I don't think it's right to say that the taxes were ever high.
[/quote]

The first point:
Ditto

The second point: I am hardly a scholar of the First American Revolution, but I believe a large part of the discontent was involved in trade policies regarding the colonies and mother England, AND a lack of specie in the colonies. Concerning my second point, even if taxes are low, if you live in a barter economy, any tax is considered onerous because you have no cash to pay the tax with. Concerning my first point, England had instituted very harsh (from the colonial point of view) trade policies whereas all incoming trade to the colonies had to be funneled through England and also all imports were required to pass through the same. As I recall, blackmarket enterprise via primarily the Dutch had introduced goods into the colonies at a much cheaper price, and the various tax acts of the time were designed to stamp (pun not intended) out the alter-economy, thereby increasing the cost of living substantially.
Once again, I am hardly an authority on the period, this is merely what I recall from the mists of time.
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RE: Secession, right or wrong?

Post by AU Tiger_MatrixForum »

ORIGINAL: Jonathan Palfrey
ORIGINAL: Raverdave

Just to toss a spanner in the works............should not we be calling this the second civil war?

Call it the third if you like: the English Civil War came first.

Fourth if you count Spartacus.
etc. etc. ad nauseum

What would an Aussie know about this anyway?[8|]
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RE: Secession, right or wrong?

Post by AU Tiger_MatrixForum »

ORIGINAL: RERomine

ORIGINAL: Grotius

Much the same set of rules may apply in American constitutional law. The U.S. Supreme Court has held, in a post-Civil War case, that states can't unilaterally secede from the Union, which the Court described as "indissoluble." But that decision might not preclude secession by mutual agreement. That strikes me as a liveable compromise.

Being after the war, the Supreme Court decision would have been influenced by the fact that a war had been fought over the issue. If it was within 10 years or so after the end of the war, the court would have certainly been dominated by justices from Northern states, further effecting their decision.

Twotribes is raising in greater depth the point I mentioned before with reference to powers granted to the Federal government by the U.S. Constitution. The act of secession interferes with the powers, thus the question of legality. Sure, nowhere in the Constitution does it say a state can or cannot secede in so many words. It is implied that secession is illegal. The often referenced to the 10th Amendment isn't a free pass out of the Union:

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.

First, it indicates the Constitution has the power to prohibit powers to states. This basically means it has power of the states. Not a big problem because the power it has was approved by all the states to begin with. They wouldn't be states if they hadn't. Here is one nifty little prohibition I found:

No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Second, it says the states may exercise powers not reserved to the Federal government. The implied is states may not interfere with those powers. Again approved by the states when the ratified the Constitution. The explicit includes things like states may not maintain a navy or coin money. There are lots of others as well.

It seems to me, the Confederate states violated their legal agreement to the U.S. Constitution in many areas. Twotribes also brought up the reference in the other thread to Treason. All Confederate soldiers and officers would have been subject to United States laws governing treason had General Grant's terms to General Lee not removed that possibilty. The terms said they could go home "...not to be disturbed by the United States authorities so long as they observe their paroles and the laws in force where they may reside."

Obviously, all this is nothing more than my opinion. Were I a judge, it might be worth something on this topic, but I'm not. Want to ask me questions about computer programs, I can give you a professional opinion on those. I also charge a fee [:D]

There is also the case made by some (not in this forum) that the Constitution never would have been ratified by the individual states if language forbidding their leaving had been inserted. I don't recall the exact arguments made on the subject, but they were convincing.
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RE: Secession, right or wrong?

Post by AU Tiger_MatrixForum »

ORIGINAL: RERomine
Want to ask me questions about computer programs, I can give you a professional opinion on those. I also charge a fee [:D]
A bit off the subject line here, I am an 'older' mechanical engineering student. Occasionally I am required to create small no-frills programs to generate, for example the moment of inertia of some irregular shape. When it comes to Magic and Sorcery....errrr... programming I am at a loss. Ballpark, what would you charge to generate the like, given I provide the proper formulae?

I am serious here.

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RE: Secession, right or wrong?

Post by Raverdave »


What would an Aussie know about this anyway?[8|]


If that is not a challenge for a PBEM then I don't know what is [:D]
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RE: Secession, right or wrong?

Post by AU Tiger_MatrixForum »

GAME ON!
I get the good guys.
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RE: Secession, right or wrong?

Post by Jonathan Palfrey »

Obviously, when it comes to US constutitional law, I'm even less of an expert than you are.

However, my one-cent contribution is that all the provisions of the Constitution apply to States as long as they're members of the Union. If they're no longer members of the Union, the Constitution simply doesn't apply to them, any more than it applies to Mexico or Canada.

The Constitution doesn't explicitly forbid States from leaving the Union; and, as other people have mentioned, it might never have been adopted in the first place if it had done so.

For me, these legal arguments are not vital, because for me morality trumps legality; and the moral questions are more interesting. But I have difficulty in keeping my mouth shut, as you may have noticed.
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RE: Secession, right or wrong?

Post by Jonathan Palfrey »

ORIGINAL: AU Tiger
ORIGINAL: Jonathan Palfrey
ORIGINAL: Raverdave

Just to toss a spanner in the works............should not we be calling this the second civil war?

Call it the third if you like: the English Civil War came first.

Fourth if you count Spartacus.
etc. etc. ad nauseum

What would an Aussie know about this anyway?[8|]

Well, I mentioned the English Civil War because the people involved in it were the ancestors of most of the people on both sides of the first American war of independence. And the ancestors of quite a lot of the people on both sides of the second American war of independence (commonly known as the American Civil War).
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