Brev. Brig. Gen'l
Member of the Year
- Feb 20, 2005
- Ocala, FL (as of December, 2015).
@SouthernFriedOtaku ,Also point of correction, the US Supreme Court did rule that secession was unconstitutional....four years AFTER the war ended in 1869. Last time I checked in US law (and any other civilized 1st world legal system) no crime is legally a crime unless it has been declared one by law. Since secession was never formally declared unconstitutional until 1869, it was not illegal in 1861. That was one of the big reasons Jeff Davis was never tried on the charge, or anyone else for that matter.
Even the US government seemed to recognize the seceded States were in fact not part of the United States (you know despite congress and Lincoln claiming otherwise) when they had to be readmitted to a union that, according to their own political leaders, they never actually left. Yeah these little subtle points are tricky, aren't they?
The Supreme Court can only make a ruling AFTER an incident/problem occurs (no pre-crime agents apparently ) and if the case makes it's way up the legal food chain to the Court. That's why it took four years for Texas v. White to get on the Court's docket.
Another thing. The Supreme Court makes it's rulings based on the laws and precedences of the time the case takes place.
So, in the Court's view, the unilateral secession of the southern slaveholding states in 1861-1865, was not constitutional at that time.
Southerners who led secession already knew they could not look to the Constitution for a legal way to secede from the Union, hence rebellion. And besides, why concern yourself with the constitutionality or legality of unilateral secession? The Confederates didn't, when they proudly proclaimed they were now separated from the Union they were once part of and no longer part of constitutional protections and provisions.
Until our next post,