State's have a Right to Secede

Format; Round 1: Acceptance only Round 2: Opening arguments/Rebuttals Round 3: Responses and Closing/ Closing, no new arguments ---------------------------------------------- The case of Texas v. White was a Judiciary ruling against State's have a Right to Secede, however the ruling it's self was unconstitutional, because the judiciary is not supposed to create, amend or repeal laws but only to uphold them. The power to secede was a right of the states. Although in Texas vs White the supreme Court ruled; "When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. 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" James Madison was the one to write the constitution, and in the Federalist papers he stated; "Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution." I am more incline to believe the author than the critic, in regards to what a book does or does not say, and I believe he constitution follows the same principles. Another founding father who agreed with James Madison was Thomas Jefferson. Thomas Jefferson once stated, "If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it. " Thomas Jefferson has also stated, "If any state in the Union will declare that it prefers separation... to a continuance in union... I have no hesitation in saying, 'let us separate.'" Article 3 Section Section 1, states Judicial Powers; "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office." The Constitution left it up to Congress to determine what is "Judicial Powers" and in the Judiciary act of 1789 they did just that. Section 34 of the Judiciary Act states; "And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply." In other words, the judges cannot rewrite the constitution, and cannot change established laws and treaties, but the are allowed to establish common law. In the Bill of Rights the 10th Amendment to the US constitution reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Article 1 Section 10, states the Powers prohibited of States; "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay." It does not list secession, and each state that joined the Confederacy seceded before joining. Article 4 section 1 also requires Each State to Honor all others; "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." In other words the States have the right to create public Acts, Records, and conduct judicial Proceedings, without the consent of other states. That specifically contradicts the Ruling of Texas vs White; "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" The only way States would require another states consent to secede would be if it was a specific power of congress. Article 1 Section 8 lists the Powers of Congress, and secession is never mentioned. Article 4 Section 3 addresses New States; "New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State." T o make clear the United States refers to the Federal Government, and States are not a territory nor property of the Federal Government. The part where it specifically states, "nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State." makes clear that each state is sovereign, and this section is not granting the Federal government sovereignty over the states, nor states sovereignty over the Federal Government. The Semicolon was placed to mark a interdependent statement, in other words, the statement was made specifically to clear up any confusion. Because the power of Common Law is limited, the Supreme Court had no authority to rewrite the constitution, seeing as we are not a Kritarchy, and because the ruling regarding secession contradicted the constitution specifically it is essentially void, as common law. Since there is no Common Law regarding secession, and seeing as the Constitution does not mention secession, it follows that secession is a state power.