2 was already refuted, I think. All powers are NOT reserved to the states- they are reserved to the states OR to the people.
And I don’t think you’ve refuted that a citizen of any state that does not currently contain the right to secede in their constitution (which I think counts all 50 states) can individually secede, because that power, not being reserved by the state of residence, must therefore lie with the people.
If you’re going to go that route, I should remind you the North won, utterly broke the old South, and remade it anew. So if it comes down to powers, the new Union is correct, hands down.
de Tocqueville wrote his book about America 25 years before the Civil War began, and died before the war began so I doubt he expressed any opinions on the matter.
Now that’s I’ve weighed in (briefly, as I didn’t see much need for more) on the side of almost everyoen except WillFarnaby, let me then step in again to him.
I have no particular love of the South (with a capital S). I came from Indiana, and my own ancestors in living memory were attacked by the KKK. I live in East Tennessee, in area which went wildly against Seccession, was none too keen on slaveholders, and actively supported rebellion against the South and provided many soldiers for the Union, and paid the price when Richmond responded brutally.
Yet, I have never been able to bring myself to hate the South, not even the historical Old South, not even for a moment. I cannot condemn good and honorable men like Lee or Johnston. I cannot bring myself to condemn the soldiers - for most of them, it wasn’t an ideological struggle. Their state was invaded and they fought back, and many never cared for the ideology or slavery beyond that. Many, many people who deserved better died or suffered terribly.
I do not - would never - could not ignore the sins of the South. But I can neither condemn them as exclusively, and not always predominantly, Southern sins. I know these people, because I have lived among them. You will never find a more generous or warm-hearted people. You will not find men more courageous in the face of danger, and I dare you to locate anywhere in the world a people more honest and trustworthy. I would rather trust a random man picked from the phonebook in Georgia with a hundred dollars than someone from my home city in Indiana.
Was the obsession with slavery wrong? Yes. Was their defense of a bad institution terrible? Yes. But Evil is a strong word, and men do much evil out of ignorance and habit. I am loathe to set out such a judgement, knowing I could probably do no better, and neither could many men. The South made many mistakes. But foremost was a crisis of leadership, because the men who led the South into rebellion were bitter and had shame and humiliation in their hearts. And as such men so often do, they unleashed forces they could not control, so that those who would not agree paid the price.
This is one of the best and kindest and gentlest and most balanced posts on the subject that I have ever seen.
I very much wish I agreed with it more, but, alas, my judgements are more harsh, more one-way. I admire your view more than I admire my own! You’re a better man than I am!
(I loved the epic movie (originally made for tv as a miniseries) Gettysburg. Best war movie I’ve ever seen, and I admired the way the filmmakers gave both sides their best justifications. I thought it was a remarkably even-handed treatment, and, withal, a hell of a good war flick. It is, to this date, the only war movie I have ever seen that depicted lateral maneuvering! All other war movies are simplistically one-dimensional. Troops either go toward each other, or away. Gettysburg showed troops breaking away to one side, extending a line for a flanking maneuver. Unique!)
No but the fact that you didn’t know his name is indicative of the poor arguments you’re making here.
My guess is you heard de Tocqueville’s name somewhere and you figured you’d throw it out there because you thought it would sound impressive. But the fact that you didn’t know how to spell his name, much less the fact that he visited the United States decades before the period we’re discussing, is evidence that you were just bluffing.
I put it out there because he supported my argument. The same reason you mention anything in a debate.
I must resort to furnishing evidence of my claims because I don’t believe an effective argument can be waged by overzealos pedantry, condescension, and snobbery. Yet another idea we disagree on.
As Little Nemo pointed out, things didn’t move that quickly. But in fact we have very good reason to believe that the former colonies did want an unbreakable union. When they appointed the committee to write the Declaration of Independence they also appointed one to draft rules governing the new ediface to replace the Crown. There was a lot of wrangling so that a proposal was not submitted to the states until late the following year and ratification delayed even longer but by the spring of 1781 all 13 states had agreed to the Articles of Confederation and Perpetual Union. If the name isn’t hint enough, it clearly states in the final Article that the union was perpetual.
The fact that our current constitution does not do so is due to the fact that while the Framers had big balls, their balls weren’t quite so big that they would proclaim a new eternal union in the very document that was replacing the “eternal” union they were then living in.
Ah, but the “Perpetual Union” was. (See, e.g., Texas v. White.) They didn’t say that the degree of affederating or the mechanisms of governing were perrpetual – only the Union itself, which self-evidently has endured.
Are you saying that some of the secession declarations did not mention slavery at all, or that some of them had other reasons listed? I’ve read a couple of them, and those I’ve read list a number of reasons, but the way they are written it is clear that the reasons other than slavery are there to round it out and be complete, the bulk of them is spent discussing the slavery issue and its ramifications. http://sunsite.utk.edu/civil-war/reasons.html
It’s only self-evident if you assume that we can trace our current union in an unbroken line back to the one that was originally created. Obviously that’s fallacious. Texas v White provides no evidence that this is so. It merely repeats (prepeats?) your error. I would argue that the opposite is true. But I wouldn’t want to hijack this thread to do so and in any case even if I am wrong it does nothing to undermine my point that jtgain’s claim was demonstrably off base.
The Constitution guarantees that each state shall have a republican form of government.
The Constitution gives the federal government the exercise of those powers which are necessary and proper to uphold the Constitution.
Obviously, it is not possible for the federal government to guarantee a state’s republican form of government if a state can just up and say “screw you, I’m outta here”.
Ergo, the Federal government has the power to prohibit states from leaving.