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#1: Rise of the modern Presidency.
#2: Power concentrates Federally.
#3: Federal power trumps state power.
#4: Before the war the Feds asked the States;
after the war they dictated.

2007-01-15 08:53:53 · answer #1 · answered by eagleperch 3 · 0 2

To start with, it wasn’t a Civil War, the seceding States didn’t attack the Union but rather simply left it. While there was debate about the constitutionality of States seceding, such was noted as legitimate within the Kentucky resolution (written by Thomas Jefferson) as was the power to enact State Nullification of federal acts as legitimate within the Virginia Resolution(written by James Madison). Both of these State powers were accepted in acts by States both North and South prior to the American War of the 1860s.

The very act of the Union’s federal government initiating acts against those States seceding was arguably unconstitutional, and certainly against international norms once the Confederacy was established.

With the beating of the Confederacy, as well as the intent to destroy the Southern culture, the Union began an extension of its powers beyond its Constitutionally delegated power. There are many examples of this but the most telling is that of the 14th Amendment [1868]. Anyone can check the record through their Congressman or the Library of Congress and they will find that the 14th Amendment never met Constitutional requirements for ratification. However, it has been applied as if it did and that is through the court case of Texas v. White [1869] where acts generated from the 14th Amendment are opined as justified by the court due to “Right of Conquest.”

It is the application of the 14th Amendment which the federal government uses to apply the Bill of Rights to the States and to use the same to obtain implied powers not delegated. Such application was not the intent of the Founders and demonstrates the reality of their fears of the expansion of the federal government into intrusions not meant for the federal government.

2007-01-15 13:40:26 · answer #2 · answered by Randy 7 · 0 0

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