quote:
Originally posted by Baron Munchausen:
That's the central issue of the Civil War, actually. It doesn't explicitly say in the Constitution that a state may withdraw from the union after joining, but it doesn't say that a state may NOT either. Many say that the 10th Amendment, which reserves powers not explicitly given to the Federal govt. for the people or the states, gives a state the implicit right to secede from the union. This would make the war by the North illegal, but since the North won it got to write the history (and law) books.
That's one way to look at it. I think a more
valid argument is that by seceding from the Union, the southern states were not exercising their "implicit" rights maintained by the 10th amendment, but actually abrogating the "explicit" rights given to the federal government in all the other articles and amendments that they agreed to when the Constitution was ratified.
Constitutionally the only way the South could secede and form there own confederation was by a recommendation of amendment abolishing the current Constitution would have to be made by 3/4ths of the state legislatures of the various states, which would then have to be ratified by 4/5 fifths of the state legislatures. (Article V)
They would then be free to decide to join a new confederation, stay in the greater union after ratifying a new constitution, or form their own sovereign, independent nation.
Of course they did not have the required number of states to do this, so the result was an illegal action and as such the Federal government had the right to take the action it did.
quote:
Originally posted by LazaruLong42:
So the North blockaded Charleston and other major ports to stop trade between the new Confederacy and Britain/Europe, in an attempt to force them to trade with the Union. Frankly, even now that'd be considered an act of war. Follow Harper's Ferry, Fort Sumter, Civil War.
Constitionally the Confederate States of America was a non-entity, and the people in and defending it were actually still American citizens bound by the laws set forth in the U.S. Constitution. In that sense it was not actually a war at all but a police action.
Of course that Last point is semantics. The point is moot now.
Geoschmo
[This message has been edited by geoschmo (edited 15 September 2001).]
[This message has been edited by geoschmo (edited 15 September 2001).]