Secession is a power, a power in that it is the final stroke against a government that defies its people or becomes so undesireable that their people feel that they should throw it off for their betterment. Free Governments are run by the will of the people.
The Confederate States cannot be in violation of Consitiutional Articles if they no longer fall under the Consitution. Therefore their power to secede was used. I feel as though the 10th Amendment is clear that it is a power delegated to the states, as it is not prohibited thereunto.
[\quote]"Except, of course, that the Supreme Court decided the issue in Texas v. White in 1869. Logic notwithstanding, states do not have the right to secede."--A2SG
True, the Supreme Court did decide that states do not have a right to secede, except with the approval of Congress. However, I feel that the decision made in the case is wrong, as I am sure we all feel that certain Supreme Court decisions are wrong. The Kentucky Resolution, written by Thomas Jefferson seconds State Rights over the tryanny of the central government. The Virginia Resolution also agrees that the States are the final say of the Federal government's powers, and not that the Federal government gets to choose how much power it has--for if that were the case, the Federal government would be all powerful. If there are not checks and balances, there is Tyranny.
"...that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fderis) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it..."[/quote]
Secession is a power and a right, though it is, as you say, refered to most often as a right
Secession is not a power. You can repeat it until you are blue in the face but doing so will not make you right. Secession is not a power for purposes of U.S. government or society. Secession has historically been construed and understood as a right in U.S. political theory, U.S. political thought, and U.S. society. Secession is not a power for the government to operate but it is a right of the people to exercise.
None of the above remarks should be construed or understood as stating secession is a right at all.
Secession is a power, a power in that it is the final stroke against a government that defies its people or becomes so undesireable that their people feel that they should throw it off for their betterment. Free Governments are run by the will of the people.
You are adding a different meaning and understanding to the word "power" in the 10th Amendment. James Madison, in his speech to the House of Representatives, distinguishes between "power" and "rights." Madison uses the word "powers" in reference to the functions of the executive, judiciary, and legislative branches of government.
"The powers delegated by this constitution are appropriated to the departments to which they are respectively distributed: so that the legislative department shall never exercise the powers vested in the executive or judicial nor the executive exercise the powers vested in the legislative or judicial, nor the judicial exercise the powers vested in the legislative or executive departments.....the great object in view is to limit and qualify the powers of Government, by excepting out of the grant of power those cases in which the Government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority.
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Madison is using the word "power" and distinguishing between "powers of the Government" and "rights." Rights, according to the esteemed and distinguished Madison, are exceptions to the government's "powers." It is indeed odd to construe a right as simultaneously being a power, when one considers rights to be exceptions to government powers. When one reads over the entire Bill of Rights, one will observe amendments 1-9 refer to rights, rights of the people, or rights in general, as exceptions to government power, while the 10th Amendment refers to powers.
My point in all of this is to demonstrate your assumption secession is a "power" secured by the 10th Amendment is erroneous. Secession is not a power but a right. Therefore, the 10th Amendment does not secure secession for the states.
The Confederate States cannot be in violation of Consitiutional Articles if they no longer fall under the Consitution. Therefore their power to secede was used. I feel as though the 10th Amendment is clear that it is a power delegated to the states, as it is not prohibited thereunto.
This rests upon your unreasonable assumption secession is a power. Secession is not a power, and therefore, the 10th Amendment does not secure secession for the states. Consequently, this weakens your claim secession is secured to the states by the 10th Amendment.
