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Tuesday, September 16, 2014

Why the Confederacy was Unconstitutional

Just for the heck of it. These are some of the reasons the Federal Government had the right to put down the Secessionist/insurrectionists of the 1860's:

Constitution says:

"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."

This means the confederacy was unconstitutional on it's face.

"No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress."

This means that the New York Port Authority may be behaving unconstitutionally.

"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."

Of course once the North invaded the South they had a right to defend themselves. But since they had no right to form the confederacy in the first place, they had no right to raise the armies they raised either.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

They had no right to leave the United States without the permission of the rest of us.

Which is why Abraham Lincoln had a difficult time with the diplomacy of the Civil War. Had he granted them bellicose status as if they were a nation that would have ratified their leaving. Of course West Virginia only had the right to become a State without the permission of the Rest of Virginia by the rest of Virginia seceding. By seceding the rest of Virginia was breaking the law and so West Virginia had a right to claim it was the true Virginia, though the constitution is clear otherwise:

"New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."

I guess one day West Virginia ought to put a resolution to vote in Virginia to ratify it's existence.

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