Hello;
sorry to join this debate so late. However, I think that the sole issue at hand, is whether or not the states ceded their individual supreme soveriegnty by ratifying the Constitution. Lincoln claimed that they DID.
So the Constitution doesn't provide for secession-- neither does the UN Charter. Sovereign states, by their very definition as "sovereign" as supremely self-governing, do not
require permission of any outside body in order to secede from any engagement-- they simply opt.
In fact, such a requirement would
deny said essence of sovereignty, for those who could grant such permission could likewise
withhold it.
However, Lincoln stated that "Perpetuity is implied, if not expressed, in the fundamental law of all national governments", and "It is safe to assert that no government proper ever had a provision in its organic law for its own termination".
Here, Lincoln presumes that the states intended to form a national government, when Madison makes clear that the Constitution would be a federal document and
not a national one.
Lincoln also bases this on the following claim:
The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."
Here, Lincoln conveniently omits the fact that every state seceded unilaterally from the prior "Confederated" union, which required in Article XIII that all changes entail unanimous consent; to whit:
Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
Seriously, the US Constitution itself states in Article VII, that "The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same."
Didn't Lincoln know that 9, is less than 13- even if he was hypothetically ignorant of the historical fact, that every state broke
unilaterally from the "union" formed by the Articles of Confederation-- against the express demands of at least four states?
To hear Lincoln tell it, you'd think that the Constitution was formed by
mutual consent among the 13 confederated states!
Likewise, Lincoln also conveniently omits Article II of the Articles of Confederation:
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
I assume that Lincoln, being the great lawyer that he was, knew the legal meaning of the term "delegated" to mean "authorizin a subordinate representative--" even if one didn't simply derive it from
context, that it does
not negate a state's sovereignty, freedom or independence!
Likewise, Lincoln seems to have a problem understanding that the Declaration of Independence, declared the colonies to be "free and independent
states-- that little "s" on the end of the word "state," refers to them in the
plural. Hence, every state was supremely independent- otherwise they would have declared independence as a
single large state.
As the Declaration of Independence clearly writes:
WE, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS, Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and that all political Connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of right do.
The phrase "free and independent states" and reference to them as "they
are," is hardly figurative-- as this soveriegnty, freedom and independence is specifically
retained by each state under the Articles of Confederation-- and exercised in order to ratify the Constitution... by unilaterally seceding from said Confederation of states!
I don't know how much more specific one can get, in demonstrating that every state was supremely-- and uniquely--
sovereign.
Simply put, it seems that Lincoln played fast-and-loose with the facts, solely in order to create a legal
facade for his acts of imperialism, to give the false appearance of them being in accordance with legal requirement, solely in order to achieve victory-- and knowing that such victory would be so complete, as to obviate any
need for legal veracity. As such, Lincoln's legal reasoning, was simply a temporary stop-gap measure in order to
overthrow any opposition.
In other words, the Civil War was nothing less than a treasonous
coup by Lincoln, to create a Whig-statist empire, out of a free and voluntary republic of sovereign states!
Meanwhile, no evidence has
ever been presented which legitimately suggests, that any state has
ever intentionally surrendered its supreme sovereignty via ratifying the Constitution (or by anything else).