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John O
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The Latest New York Times Nonsense About Lincoln

- Tom DiLorenzo -

Jim C,

I respect your position and your civility.

In regards to your argument, the preamble states "in order to" achieve a number of goods, some of which are vague, the Founders established the Constitution. That does not mean, as you seem to be suggesting, that any actions that are claimed to be in furtherance of those objectives are constitutional. The Constitution gave the people of the states a series of processes in order to achieve those objectives.

As regarding the right of secession specifically and how it relates to the counties and local governments, from the perspective of the federal Constitution, only the states would have the right to secede. The question of secession from a state would have to be referred to the each of the particular state constitutions, since the states are (in terms of legal sovereignty) prior to the local governments. In other words, the states created the local governments and the federal government. In the history of our country, in terms of legal sovereignty, the states are prior in virtually every regard.

I will leave it at this. Lincoln may have been right to force the southern states into the Union, but this was an act of revolution, a complete change in the order of things up to 1861. Whether or not what he did was right is certainly debatable. The question of slavery gives Lincoln an immediate advantage in terms of that debate. But, I do not think one can argue that the revolution was from the southern side; Lincoln forged a new order and a new country when he made the federal government prior to the states, and an incalculable price was paid in terms of blood and treasure, but also in terms of the rule of law. Once the precedent was established that the federal government could do anything in order to achieve an objective, even as noble as emancipation, the federal government opened the way to any number of unconstitutional innovations, from the welfare state to central banks to undeclared wars, etc. The Founders intended a system of checks and balances between the three branches and between the federal and state governments. Because of the Civil War, that balance has been destroyed, and the states are now merely counties of the federal government.

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