I am not interested in modern interpretations of the matter; we all know the North won and rewrote everything, including voiding the secession clause Texas had been careful to clearly and explicitly set in its Union treaty.
What I'd like to know is, according to the applicable legal texts (declaration of Independance, Union treaties, the Constitution, whatever...) as they stood in 1860, did the Southern States have a case for maintaining that they could step out of the union?
My research up to now seems to indicate they did, since secession is never mentioned, and it is stated that powers not otherwise delegated to the federal authorities remain in the hand of the people. This means that elected State governments, or at worst an explicit manifestation of the will of the people, such as by a poll, would have legally been able to negate the union with the US.
Now, I am not American, and I may only have a partial view of the matter, so, what do you folk know about it?
2006-11-23
10:34:03
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13 answers
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asked by
Svartalf
6