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Thread: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by celticlord View Post
    Given that the Radical Republicans under Thad Stevens and Charles Sumner compelled the former Confederate States to be "readmitted" to the Union, they established that secession was indeed possible and plausible, and even permissible.
    Yes. You cannot argue that the states cannot constituionally leave if they must go thru some procedure to be readmitted to the union.

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by Goobieman View Post
    Yes. You cannot argue that the states cannot constituionally leave if they must go thru some procedure to be readmitted to the union.
    However, you CAN argue that the "readmission" process was unjust and wrong.
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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by Goobieman View Post
    Yes. You cannot argue that the states cannot constituionally leave if they must go thru some procedure to be readmitted to the union.
    If they split, I'd move the North American home base to Texas.

    Texas Politics: Perry says Texas can leave the union if it wants to
    Music... beautiful music.

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by Harshaw View Post
    However, you CAN argue that the "readmission" process was unjust and wrong.
    Well, sure. You cannot 're-admit-' someone that never left, and so anything you do to that effect is unjust and wrong.

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Good Riddance. Texas is already a third world country in many of its backwards mentalities.

    As an added bonus, that 34 less electoral votes for the GOP and two less GOP Senators that we will have to deal with.
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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by Goobieman View Post
    Well, sure. You cannot 're-admit-' someone that never left, and so anything you do to that effect is unjust and wrong.
    Lincoln was prosecuting the war on the theory that secession is legally impossible. The "readmission" pursued by Congress after he died wasn't of his doing, and by all accounts, he would have opposed it. It was pursued on a different theory from which the war was prosecuted. That process is the outlier, not the notion of indivisibility.
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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by Harshaw View Post
    Lincoln was prosecuting the war on the theory that secession is legally impossible. The "readmission" pursued by Congress after he died wasn't of his doing, and by all accounts, he would have opposed it. It was pursued on a different theory from which the war was prosecuted. That process is the outlier, not the notion of indivisibility.
    The re-admission process was the outrgowth of Charles Sumner's legal rationalizations of "state suicide" and statewide felo de se.

    The flaw in the logic is that if a state has the capacity to dissolve itself via secession from the Union, then secession becomes accomplished fact, and that the inhabitants of the presumably dissolved state are then free to establish such government outside the Union as they see fit; felo de se fails because there was no statute prohibiting such dissolution, nor does common law address the notion as applied to states, and thus no state felonious conduct.

    However, if a state, by secession, ceases to be a state, then the territory of that dissolved state necessarily is outside the United States--it cannot be a territory of the United States because the territory was not "owned" by the United States for the duration of statehood, and thus, upon secession/dissolution, the territory of that state is outside the jurisdiction of the United States, and the inhabitants of that territory are unencumbered from fashioning a new government for themselves.

    It is worth noting that even Texas v White, the one Supreme Court ruling I know of touching on secession, did not absolutely say that secession was unequivocally legally impossible.

    The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States.
    If there can be "consent of the States," there can be secession.

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by disneydude View Post
    Good Riddance. Texas is already a third world country in many of its backwards mentalities.
    Suddenly secession seems not so extreme.

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by disneydude View Post
    Good Riddance. Texas is already a third world country in many of its backwards mentalities.

    As an added bonus, that 34 less electoral votes for the GOP and two less GOP Senators that we will have to deal with.
    What, if anything, did that add to the conversation except to prove that your perceptions are hysterical, warped, mega-super-jumbo-hyperpartisan, and uncalled for?

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    Re: Gov. Perry Backs Resolution Affirming Texas’ Sovereignty Under 10th Amendment

    Quote Originally Posted by disneydude View Post
    Good Riddance. Texas is already a third world country in many of its backwards mentalities.

    As an added bonus, that 34 less electoral votes for the GOP and two less GOP Senators that we will have to deal with.
    This would be an interesting experiment.
    Texas would vacuum up a ton of wealth and skill in a hurry.

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