Saturday, January 19, 2008

Why the South Was Wrong...A Continuing Series

I was perusing the Constitution the other day and found the following places where the states that supposedly seceded from the Union, broke the document that they all approved, either at the Constitutional Convention in 1787 or upon entry into the Union later. I hear so much about Southern honor, but isn't keeping your word, no matter what, a great part of honor? Below, I am sure is just a partial list.

Preamble: A "more perfect union" of the states was achieved by locating ultimate sovereignty in the people as a whole not undone by people of individual states; could only be undone by a convention of the people and still equal representation of the states in the Senate could not be touched.


Article 1:
Sec.1 would not the entire U.S. Code from about 1789 - 1860 (71 yrs) passed by votes of Southern representatives and Senators be undone? Could future laws be passed without quorums which would not be possible without the seceded states?
Sec.2: each state would no longer be represented in Congress; each citizen would no longer be represented; the census could not be properly taken; impeachment could not be carried out. See also sec. 3.6
Sec. 5: How could members from absent states be compelled to attend? How could each house punish disorderly behavior or expel members?
Sec. 6: Senators and Reps from seceding states would not be protected from arrest as they have committed treason.
Sec. 7: 2/3 majority of the House and Senate could not be reached to override presidential vetoes.
Sec. 8: Congress could not fulfill any of its enumerated duties in the seceded states, nor collect taxes there.
Sec.10: Congress could not enforce any of these limitations on the powers of seceded states for the protection of its citizens there. Seceded states are in direct violation of the ban on states entering into alliances or confederations, etc. or engaging in war.
Article II
The president could not enforce the law, which he is bound by oath to do, in the seceding states.
Article III
The judicial powers of the U.S. could not be carried out in seceded states, especially cases relating to original jurisdiction arising out of cases in seceded states, involving the Constitution.
Nor, could they guarantee trial by jury nor protect citizens of seceded states from corruption of blood or forfeiture of future generations for treason.
Article IV:
Sec.1: Contracts of Northern states could not be enforced in the Confederacy.
Sec.2: Northern states could not demand extradition; Southerners could not demand return of fugitive slaves.
Sec. 4: U.S. could not guarantee a republican form of government in Southern states.
Article V:
Southern states could not give consent or dissent to Constitutional amendments in the future.
U.S. could no longer guarantee equal votes by states in Senate; Southern states would no longer be represented in Congress at all.
Article VI:
Southern states would violate every law in the U.S. Code which is superior to all other laws.
Judges in Southern states would no longer be bound by the authority of the U.S.
State officials and representatives of seceding states would violate their oaths to "support the Constitution".
Article VII: Ratification of this constitution cannot be undone - it is a Union and not a confederation - we already tried that.
Amendments:
Undone if no longer supported by enough states?
Congress nor the courts could enforce protection of the people contained specifically in Amendments 1,2,4,9, and 10
Amendment 12: seceding states would be denied the right to be represented in the electoral college during presidential elections.

A Union is very much an organic form of government; once entered into, cannot be undone without destroying the whole.

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