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Re: On the confederate flag
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You most certainly have not addressed the issues. First, you havn't explained what the 10th Amendment means. Second, you havn't really given a reason why the clauses in the State ratifying conventions don't matter. Third, you seem to be relying on an assumption that people, during the Constitutional convention did not want states to have the power to seceede. Yet, as I pointed out, the Father of the Constituion, himself seems to have no problem with states leaving the union. Just read the Virginia Resolutions of 1798. Who started the war: South Carolina had several agreements with the Union. The Union broke those agreements and this was an act of agression. So, South Carolina simply repelled the invasion.
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"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." -Thomas Jefferson in his first inauguration address |
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Re: On the confederate flag
Guys, this is all interesting stuff, but could we gently steer the conversation back into the area of the thread starter, that is: why do citizens of the USA feel the need to display the flag of a foreign power ie the CSA which actually fought a bitter war against the country of which they are citizens ?
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England has no eternal friends and no eternal enemies, only eternal interests - Palmerston |
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Re: On the confederate flag
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Once you decide to use force of arms instead of pursuing legal methods of dispute resolution, legality goes out the window. Once the war had commenced, the legal question is moot, and the Confederacy was doomed to defeat from the beginning, due to the delusional plans of it's founders. The only thing the Confederate forces could do was prolong the conflict, they were never in a position where victory was even remotely possible.
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“ The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.” Adam Smith , The Wealth of Nations 1776 "We have always known that heedless self-interest was bad morals; we know now that it is bad economics" FDR's second Inaugural Address |
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Re: On the confederate flag
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You seem to completly misunderstand the concept the the United States. The states came together and created the United States government. In doing this, they all gave up some powers. Those powers are the powers listed in the Constitution. If the power is not granted to the federal government, the states did not give up the power. If the power is not denied the states, the states did not give up the power. This is an extremely simple concept. The Constitution does not disallow states to leave the union, the 10th says that any power that the Constitution does not take from the states is a power that the states have. Therefore, the states have the power to leave the union. Ok, that feels like the 20th time i have explained that. Yet, you continue to claim that the state's actions somehow invalidates the Constitution with out ever citing what part of the COnstitution it "invalidates." You have not given me any point in the Constiitution in which the states are prohibited from leaving the union. Quote:
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"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." -Thomas Jefferson in his first inauguration address |
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Re: On the confederate flag
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In other words, legal secession is equivalent to declaring the constitution null and void. That is why I said 10 does not give a state the right to invalidate teh constitution. This concept is so patently obvious that I'm baffled that you keep acting like you don't understand it. Quote:
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A nation of slaves is always prepared to applaud the clemency of their master who, in the abuse of absolute power, does not proceed to the utmost extremes of injustice and oppression. Edward Gibbon |
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Re: On the confederate flag
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Re: On the confederate flag
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And now, you are backing out of you what you said. Let me remind you that you said: Quote:
So, now add dishonsety to your list of "wrongness." EDIT: By the way, you are most certainly correct in your assertion that allowing states to have the power to leave the union leaves the union with little power. This is the exact purpose. The US government was made to be VERY small. Just read the limited amount of powers delegated to it. I mean, it isn't even supposed to have a standing army. The US Government was created by the states, not the other way around. The states, then, are the masters of the US government, not it servant.
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"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." -Thomas Jefferson in his first inauguration address |
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Re: On the confederate flag
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I never got an emotional feeling toward the symbol of the Confederate flag. But, as Goober said, all have to consider what that symbol represents. As much as it represents racism to one group, it represents states' rights to another. And, if SC wants to fly it, then it is pretty much their business, not the business of an Arizonan, New Yorker, or Illini, for example.
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I am an American. That's the way most of us put it, just matter of factly. They are plain words, those four: you could write them on your thumbnail, or sweep them clear across this bright autumn sky. But remember too, that they are more than just words. They are a way of life. So whenever you speak them; speak them firmly, speak them proudly, speak them gratefully. I am an American. ...a tradition |
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Re: On the confederate flag
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Now maybe you can finally address my point. Please explain how you can reconcile legal secession with the consequent invalidation of the constitution - the document you claim encodes its own irrelevance. Edit Wait a minute I take it back. It turns out you haven't shown anything at all. The virginia resolution does not say the constitution is null and void at all. Nor does it say "states are allowed to make any federal law null and void".
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A nation of slaves is always prepared to applaud the clemency of their master who, in the abuse of absolute power, does not proceed to the utmost extremes of injustice and oppression. Edward Gibbon Last edited by timj219; 01-21-2008 at 02:25 PM. |
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Re: On the confederate flag
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It goes on to say: Quote:
Now, if this does not convince you, let's take a look at the Kenturcky Resolutions of 1798, which were written on the same topic, and by Jefferson. Quote:
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Thomas Jefferson also agrees with me on the fact that the Congress is the servant of the state's not the master Quote:
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Next, you said this: Quote:
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So, these founders think that it is ok for the states to be able to leave the union. According to you, this makes the Constitution null and void. So, by way of hypothetical sylogism (which is made of you premises) these founders said that the Constitution is null and void. And you said that if I could show you one founder who thought that the Constitution was null and void, then you would agree that seccession is legal. Well, guess what? I have shown you a whole bunch of them! Are you going to make good on what you said? Quote:
P1. The 10th Amendment says if a power is not denied the states, then the states retain that power. P2. The ratifying conventions and other documents of several states indicate that they have only given the US government the powers expressly mentioned in the Constitution, and those powers expressly deined the states. P3. Nowhere does the Constitution prohibit states from leaving the Union. / Therefore, by way of modus ponens, states have the right to seceede from the union. P3 serves as the antecedant for the hypothetical sylogism in P1. Thus, the consequent must be true. Now, with which of my premises do you disagree? P1, P2, or P3? You cannot hold these premises to be true, and the conclusion false.
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"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." -Thomas Jefferson in his first inauguration address |
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Re: On the confederate flag
So you admit the resolutions do not in fact say what you claimed they did. And you accuse me of dishonesty?
There is nothing in any of your quotes that is legally binding on the United States. These are not even legally binding on the states where they were written. Nor are they approvals of secession. They are merely expressions of opinion regarding "whensoever the general government assumes undelegated powers". Since there is no instance of any such thing occurring before the secession none of this applies to the civil war. Now to the point you continue to ignore. If a state can unilaterally secede at any time they like and for whatever reason they choose, then none of the provisions of the constitution are enforceable. No law is ever enforceable if the subjects of that law are free to form their own country as soon as they run up against a rule they don't like. Please explain how it makes any sense that the constitution allows the specific behavior which makes it null and void.
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A nation of slaves is always prepared to applaud the clemency of their master who, in the abuse of absolute power, does not proceed to the utmost extremes of injustice and oppression. Edward Gibbon Last edited by timj219; 01-21-2008 at 05:33 PM. |
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Re: On the confederate flag
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However, we are not only discussing the Civil War, we are now discussing whether or not states have the power to seceede. Quote:
The Constitution was an agreement entered into by the states. They all thought that it would be beneficial to pool their resources for various prouposes. The national government was supposed to be very weak. While we like to talk about being "one nation" and other things of the like, we were far from that in 1789. Different people lived in different states, and the did not want other people of different religious backgrounds telling them what to do. This is why the national government is supposed to be so weak. To keep the national government weak, states wanted to retain the right to seceede. If the national government was threatened with secession and nullifaction of its laws, it would be much more likely to stay in line. Remember, the Congress is the servant of the states. It was created by the states. This is why it was included in ratifying conventions, this is why the founders wrote things arguing that states had the power to nullify laws. Ok, now I would like for you to respond to this: Let me break my argument down. To make things simple, why don't you just tell me with which point you disagree: P1. The 10th Amendment says if a power is not denied the states, then the states retain that power. P2. The ratifying conventions and other documents of several states indicate that they have only given the US government the powers expressly mentioned in the Constitution, and those powers expressly deined the states. P3. Nowhere does the Constitution prohibit states from leaving the Union. / C1. Therefore, by way of modus ponens, states have the right to seceede from the union. P3 serves as the antecedant for the hypothetical sylogism in P1. Thus, the consequent must be true. Now, with which of my premises do you disagree? P1, P2, or P3? You cannot hold these premises to be true, and the conclusion false.
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"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the form of kings to govern him? Let history answer this question." -Thomas Jefferson in his first inauguration address |
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Re: On the confederate flag
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