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Brimshack

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Paragraph 1: I have not fabricated any position for you, and your post does not even assert how I have. I questioned an explicit claim about the legality of secession, and it is perfectly proper to expect that kind of thesis to deal with actual legal matters. I have not attributed such a posiution to you at all. In fact, I have noted the absence of such reasoning in my reference to your folksy logic, but what am I doing trying to guess what your claim is. When you make one I will be happy to answer it.

Paragraph # 2. The relevant quote was: "I didn't argue there was, but rather there is no legal DOCTRINE whatsoever that prohibits (emphasis added)" Now you claim you meant document, and that I am picking on typoes. That is pretty rediculous. If you meant document, then so be it, but don't accuse me of playing games because you skipped a groove for a moment. I can only respond to what you actually type, and what you typed was "doctrine."

Paragraph 3: You have shifted the goal-posts. I was responding to another poster who claimed quite explicitly that the secession was legal, and after I chalenged that view you entered with your own distraction device. You now hold me to an affirmative position on the subject while disclaiming one of your own. I can accept that I have a burden of proof here, but your pretention that you have none yourself is a rather opportunistic gambit. In any event, governments do not produce extra rules saying that people or entities cannot reject their legal systems. They write their rules, and assert their jurisdiction. Exceptions to that jurisduiction are themselves necessarily explicit rather than implied. The Constitution contains a clear assertion of authority over states and that alone is sufficient to establish the illegality of secession. Were there an express exemption it would be another matter, but your own emphasis on the lack of a specific clause addressing specific claims made half a century after the Constitution was written is smoke and mirrors. The Constitution doesn't specifically say that you can pray in a Catholic Church either, but that doesn't mean the First Amendment doesn't entail that right.

Paragraph 4: When people refer to actiojns by states, they are referring to government entities, not merely the citizenry thereof. You said that states approved the Constitution and thus that they had the authority (as government entities) to sexcede (WHICH WAS DONE BY LEGISLATIVE ENACTMENT). In other words, you clearly attributed an action to state governments. If you can explain to me how a state government acts on such matters without a legislative resolution, then I will grant that my inference was invalid. But this would merely mean that you were equivocating when you justified a state action (as a government) by referring to a state action (by the people in the state). Just because the people in a state vote on something does not mean the state itself is involved, and that is the only point at which your claim becomes relevant.

And do not lecture me about reading your posts or attributing positions to you that you have not taken. If you cannot think more clearly about the words that you are using, then this is not my responsibility.

Paragraph 5: The proof you want is a red herring. And if you are going to ignore the arguments which I have made on that topic, then I suppose you can certainly pretend I haven't proven anything, and avoid dealing with the case on the table. It's a childish game, but so be it.

Last paragraph: I should think the point would be obvious. Oh well.
 
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jameseb

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Brimshack said:
Paragraph 1: I have not fabricated any position for you, and your post does not even assert how I have. I questioned an explicit claim about the legality of secession, and it is perfectly proper to expect that kind of thesis to deal with actual legal matters. I have not attributed such a posiution to you at all. In fact, I have noted the absence of such reasoning in my reference to your folksy logic, but what am I doing trying to guess what your claim is. When you make one I will be happy to answer it.

Paragraph # 2. The relevant quote was: "I didn't argue there was, but rather there is no legal DOCTRINE whatsoever that prohibits (emphasis added)" Now you claim you meant document, and that I am picking on typoes. That is pretty rediculous. If you meant document, then so be it, but don't accuse me of playing games because you skipped a groove for a moment. I can only respond to what you actually type, and what you typed was "doctrine."

Paragraph 3: You have shifted the goal-posts. I was responding to another poster who claimed quite explicitly that the secession was legal, and after I chalenged that view you entered with your own distraction device. You now hold me to an affirmative position on the subject while disclaiming one of your own. I can accept that I have a burden of proof here, but your pretention that you have none yourself is a rather opportunistic gambit. In any event, governments do not produce extra rules saying that people or entities cannot reject their legal systems. They write their rules, and assert their jurisdiction. Exceptions to that jurisduiction are themselves necessarily explicit rather than implied. The Constitution contains a clear assertion of authority over states and that alone is sufficient to establish the illegality of secession. Were there an express exemption it would be another matter, but your own emphasis on the lack of a specific clause addressing specific claims made half a century after the Constitution was written is smoke and mirrors. The Constitution doesn't specifically say that you can pray in a Catholic Church either, but that doesn't mean the First Amendment doesn't entail that right.

Paragraph 4: When people refer to actiojns by states, they are referring to government entities, not merely the citizenry thereof. You said that states approved the Constitution and thus that they had the authority (as government entities) to sexcede (WHICH WAS DONE BY LEGISLATIVE ENACTMENT). In other words, you clearly attributed an action to state governments. If you can explain to me how a state government acts on such matters without a legislative resolution, then I will grant that my inference was invalid. But this would merely mean that you were equivocating when you justified a state action (as a government) by referring to a state action (by the people in the state). Just because the people in a state vote on something does not mean the state itself is involved, and that is the only point at which your claim becomes relevant.

And do not lecture me about reading your posts or attributing positions to you that you have not taken. If you cannot think more clearly about the words that you are using, then this is not my responsibility.

Paragraph 5: The proof you want is a red herring. And if you are going to ignore the arguments which I have made on that topic, then I suppose you can certainly pretend I haven't proven anything, and avoid dealing with the case on the table. It's a childish game, but so be it.

Last paragraph: I should think the point would be obvious. Oh well.


Okay, I see that you're going to continue playing this game. I think I'll bow out now.... I've got a date with a brick wall.
 
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Rab Tull

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"Most of the top military commanders in the war (on both sides) were educated at West Point, where the one course on the U.S. Constitution was taught by the Philadelphia abolitionist William Rawle, who taught from his own book, A View of the Constitution. What Ulysses S. Grant, Robert E. Lee, and others were taught about secession at West Point was that to deny a state the right of secession "would be inconsistent with the principle on which all our political systems are founded, which is, that the people have in all cases, a right to determine how they will be governed."

Lincoln never attended West Point, but he supported secession when it served his political plans. He warmly embraced the secession of West Virginia from Virginia, for example, and was glad to permit slavery in West Virginia (and all other "border states") as long as they supported him politically. Indeed, in a July 4, 1848 speech Lincoln said, "Any people whatsoever have the right to abolish the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right." Lincoln biographers never seem to get around to quoting this particular speech."

Full article here

Thomas J. DiLorenzo is Professor of Economics at Loyola College in Maryland

Grace & Peace, Rab
 
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Brimshack

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And having called the kettle black, the pot left the kitchen.

Rab Tull:

Your post demonstrates that a pro-secessionist theory was popular at West Point and that Lincoln's actions regarding West Virginia are question. Both points are actually very interesting. I would simply point out that neither does tell us anything about the legality of secession itself.
 
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Brimshack

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James Did you just call me a toilet seat? Oh but of course you added a smiley, didn't you? I guess it's all okay then.

I thought you were outta here, anyway. Or does that merely mean that you have dropped the pretention to having anything to say about the topic? Oh well, if you would like to address anyone of the standing arguments that you have left hanging in this thread James, then feel free. As it stands, I couldn't care less.
 
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jameseb

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Brimshack said:
James Did you just call me a toilet seat? Oh but of course you added a smiley, didn't you? I guess it's all okay then.

Brim, before I go any further with this, please take note that I'm not using a smilie. (hint-hint) While I give you points for imagination, I was referring to you as the coffee pot as you did to me. I said squatting cause it was a metaphor for what you've done here. You simply sit and refuse to bugde on an issue, completely ignoring valid points that counter your position. Not even when I ask for one simple lil' itsy bitsy shred of proof that supports your "claim" that it was illegal for the states to secede. Rest asssured, Brim, if I wanted to get ugly, I wouldn't conceal it in innuendo as you do. (still no smilie)

I thought you were outta here, anyway. Or does that merely mean that you have dropped the pretention to having anything to say about the topic? Oh well, if you would like to address anyone of the standing arguments that you have left hanging in this thread James, then feel free. As it stands, I couldn't care less.

Well, I'd like to leave, but as long as you care to keep taking snipes at me when I walk away, I'll keep returning. And I suggest you be careful how you assign my motives. You may be articulate and smart, but you aren't that good at hiding your flames in the cover of your well-spoken words.


To anyone else: Please ask Brimshack to provde just one piece of itsy bitsy tiny lil' proof that explicitly says it is illegal for a state to secede from the Union. Its all I ask, but it seems so hard to get. :)
 
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Blessed75

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Lillithspeak said:
You know what? I have a question, and I'm not being snotty. Just what is it you're all so proud of when you say you're proud of being a southerner? I could list many things that wouldn't make me say that, so I just thought I'd ask and see if I get a real answer.
This just caught me by surprise. I'm proud to be a southerner. Why do I have to list reasons? Aren't you proud of your background and history? Everyone has skeletons in their closet, whether they are a "yankee" or "southerner" etc. I don't get it - here it is, 2004 and the flag is still an issue. I normally agree with a lot of what you say too Lillith so when I saw this come from you, I was stunned. I can see where the flag would offend people, I can see where people say it's just history. I can see both sides. Quite frankly, I think everyone needs to quit focusing on the confederate flag and focus on the American flag given the turmoil our country is in today but that's just my opinion. Granted, I haven't read through this whole thread either and guess maybe I need too. Maybe that will give me a better understanding as to WHY you asked this question. But it's 10 till 1 in the morning and I have to get up in five hours so I guess I need to hit the hay.....will have to come back to this thread though when I've had sleep.......
 
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Brimshack

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Very well then James, I will assume that I misread your metaphor. The rest of your comments are of course rediculous, and your threats do not interest me. BTW: This round of content-less sniping was in fact initiated by you. I was the last person to field an actual argument in this thread, and your decision to leave that unanswered is fine with me. But so long as you choose to dismiss the many arguments I have made on the subject with one-line pejoriatives, I am inclined to call you on it. The fact is that I have produced arguments on the illegality of the move, and I have answered your arguments to the contrary. The criterion upon which you insist is arbitrary and disingenuous. The fact that you would refuse to answer any of my arguments and yet accuse me of ducking the issue is pretty amazing. I take it to be deliberate flame-bait. In any event, I am tired of this myself, so I will simply exit the discussion. You may have the last word if you wish.
 
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Dale

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Brimshack in post #235:
<< JohnCJ: I have no doubt that many a racist does like Colon Powel, and that many a racist likes African American music. In fact I have known self-described racists who liked both. Such inconsistencies are a regular part of human nature, and saying "my best friend is a…" is one of the oldest liches in the history of bigotry. >>
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I'll have to disagree. A while back I lived in Georgia and worked with some country folks. Colin Powell was Chairman of the Joint Chiefs of Staff at the time. What did they think about Powell? A direct quote: "He's the head n----- what be in charge."

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If you think racists are for Colin Powell, you don't know what a racist is.
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