PeterMP Posted March 11, 2011 Share Posted March 11, 2011 We need to think 1860, not 2011. Because James Madison opined that there was no right to secede did not make it law. It was debated. Quite a few actually believed it was legal. Politicians back then used secession as a tool. States used secession as a tool to negotiate with the Fed Govt. obviously people thought secession was a real possibility, otherwise they would have dismissed them as we do today. I am not saying it was correct, or that they were right. Obviously, today we know it is not legal for a state to secede. But we have history, the 14th Amendment, and a SCOTUS ruling to base that decision on. In 1860, there was only the precedent of the revolution and states seceding from the AoC and into the Constitution. There was no established case law. There were only opinions. As such, nothing about an opinion makes it law. Who believed it was legal? Just because secession was possible that didn't make it Constitutional. The states didn't secede from the Articles of Confederation. The Articles of Confederation were replaced via a Constitutional Congress. Link to comment Share on other sites More sharing options...
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