Assertion: secession | /r/HasProperty | legal
Facets:
value: under the united states constitution
type: OTHER
value: clearly
type: MANNER
value: under certain circumstances
type: OTHER
value: currently
type: TEMPORAL
value: entirely
type: DEGREE
value: in the kosovo case
type: LOCATION
value: until 1869
type: TEMPORAL
Source sentences:
text: The rest of the logic goes: "secession was not illegal until 1869, therefore secession was LEGAL up until 1869, therefore Lincoln's use of armed force to put down the slaveholders rebellion was illegal.
text: Secession, Is It Constitutional, And Should We Do It:
text: "Historian Forrest McDonald wrote that the case was decided in favor of Texas "because secession was unconstitutional, the pretended government was itself illegal, being nothing more than a band of rebels" and that "Chase disposed of, once and for all time, the question that had vexed the Republic for more than six decades.
text: Related Reading: Secession, Civil War Powers, Separation of Powers, Constitution:
text: However, to the extent that secession was a LEGAL question, the “legalistic” aspect is very straightforward.
text: White Georgians, along with other white southerners, disagreed over whether secession was a constitutional right (embodied in the national compact that grew out of the 1787 Constitutional Convention ) or a natural right of revolution (arising from the inherent power of the people to form and abolish governments).
text: If you have a reliable secondary source that says the events of Reconstruction meant that secession was legal, then present them.
text: There were several interpretations presented at the time (and covered adequately by secondary sources) that provide interpretations of the legal status of the states that declared secession within the context of Reconstruction -- none of them based on the supposition that secession was legal.
text: Obviously none of these theories argue that secession was legal since they were implemented by the victors who very clearly considered secession illegal (see [] for an overview of the issue).
text: Or that the average juror wouldn’t be convinced that secession was legal.
text: He collected the signatures of radical Republicans who supported the argument that secession was legal and planned to present them to the president and his Cabinet.
text: Do they mean, Was Secession legal?
text: While the Confederacy offered up learned theoretical arguments as to why secession was legal and constitutional, Lincoln’s true focus wasn’t on the Constitution
text: Saying that secession was legal until the Court issued its 1869 ruling in Texas v White, implies that there was no legal basis for the Court's ruling, ie it's pure judicial fiat.
text: Description: Is secession legal under the United States Constitution?
text: Secretary of the Treasury Howell Cobb (GA) believes secession is legal and necessary.
text: However, those arguing that secession is legal in the Kosovo case seem to be defining people as a homogenous ethnic enclave.
text: Description: Is secession legal under the United States Constitution?
text: Why ask this question, when there seems to be general agreement among jurists that secession is neither legal nor illegal under international law?
text: So, the North's having broken the compact virtually guaranteed that secession was legal if, indeed, the Constitution was a compact that was "acceded to" by the original makers.
text: President Buchanan had stated in his lame duck period between Lincoln's election of November 6, 1860, and March 4, 1861, when Lincoln would be inaugurated, while state after state was seceding, that as president of the United States, he had no power to coerce a state, even though he denied that secession was legal.
text: Chief Justice of the United States Supreme Court, Roger B. Taney, who administered the oath of office to Lincoln, on the other hand, believed strongly that the South's secession was legal, not forbidden by the Constitution, and in the best interests of both sections of the country.
text: Taney, himself, believed that "secession, not forbidden by the Constitution, was therefore legal.
text: Contributing to the rancorous debates during the War of 1812, Founding Father Gouverneur Morris of Pennsylvania and New York—a Federalist, a Hamilton ally and a primary author of the Constitution who advanced the concept that Americans were citizens of a single Union of the states—was persuaded to claim that "secession, under certain circumstances, was entirely constitutional.
text: So everybody thought at the time that this case was going to raise the question of whether secession is constitutional, and there was worry about whether or not Davis was going to be convicted.
text: While the Confederacy offered up learned theoretical arguments as to why secession was legal and constitutional, Lincoln’s true focus wasn’t on the Constitution
text: They diverged further once Lincoln became president when Taney insisted that secession was constitutional and preferable to bloodshed, and blamed the Civil War on Lincoln .
text: Currently, secession is constitutional, if it is done with the Consent of the States.
text: If it were true that secession were lawful and constitutional, then the Union would have been unambiguously wrong in the Civil War: if secession were a lawful practice, then regardless of the reason for their having seceded, they would have been in the right.
text: Both presidents Lincoln and Buchanan believed that secession was unconstitutional.
text: While a state's ability to secede was an unsettled question before the end of the Civil War, subsequent United States Supreme Court opinions have concluded that secession is clearly unconstitutional, and Lincoln's belief in a perpetual Union is reflected in what we have described as 'a plenitude of Supreme Court cases holding as completely null' the acts of secession by Confederate states.