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Justice Scalia is wrong on secession

Justice Scalia is wrong on secession
Justice Scalia is reported to have written a letter stating his opinion that the question of secession was settled by the Civil War. His answer is typical of judicial arrogance, implying that the matter was settled by military conquest. Legal matters are not settled by legal conquest. The only legal matters settled by legal conquests are the ones that judges are to lazy to research and settle in the courts. His opinion makes it clear that he does not want to do the research or upset the applecart of precedent and actually find out what the law is. When the United States recognized nations formed from secession, it de facto shows that it is a valid method of Nation hood. When the United States Supreme Court uses Rawle’s legal commentary (which advocates secession) in its rulings, then Rawle’s legal commentary can not be dismissed as invalid Since any legislation passed in disregard of the law or under duress is not valid, the forcing of Southern States to disavow secession was not legally valid. Since many states stipulated that they retained the right of secession upon approving the Constitution, under contract law, those stipulations remain valid. The Supreme Court case of Texas v. White does not say that secession is illegal, or that it is not permissible. The case even specifies under what conditions it can occur. The case of Texas v. White was an overreaching of the Supreme Court. What started out as a case of buying and selling bonds was stretched into a ruling on HOW Texas seceded. Bear in mind that in Texas, duly elected representative voted on it, then the people voted on it with a 75% approval of secession. It was done by the mandate of the people and by the legitimate government. That is as solid as you can get. The whole court case of Texas v. White which supposedly settled secession was based on wrong assumptions. One is that the Constitution is eternal in duration, which it is not, only the Articles of Confederation were, yet they were replaced by the Constitution. The other is the false assumption pushed by Lincoln, that the States did not form the Union or have the authority to do so. The reality is that the States existed long before the Union did. Bottom Line is that Scalia needs...

Time to buy a saddle

Time to buy a saddle
There is an old joke about a man who goes into a psychiatrist office saying, “Doc, my wife says I am an ass!” The Doc gave an acknowledging nod, then asked, “Has anyone else said that you were an ass?”. The man look puzzled and responded, ‘Doc, why do you ask that? There have been some others.” The old, experienced Doctor said” If one person calls you an ass, you can ignore it. When two people call you an ass, you may need to think about it a moment. When three or more people call you an ass, you need to buy yourself a saddle”. I am reminded of that joke as I consider the empire and the calls for secession. At last count 40 States have petitioned the White House on the secession issue. For someone who claims to have a mandate, there are a lot of people wanting to leave. When 40 States have vibrant petitions, it is a loud statement. At this point, Texas, Louisiana and Florida have reached the required 25,000 signatures with others on the way.Georgia, Alabama and Tennessee will likely hit the required signatures before the day is out. The number of signatures on the Texas petition has exploded. Keep in mind that the o-regime has only gone one week into life after the election and the people are making a bold statement about his programs and policies. The people are calling out to Pharaoh to let them go. I find it interesting that Governor Perry had a spokesman relay his comments rather than comment on the matter himself. In the statement Perry “shares the frustrations many Americans have with our federal government,” the popular politician “believes in the greatness of our Union and nothing should be done to change it.” His comments echo those of Sam Houston who said “The rights of the States and the rights of individuals are still maintained. We have yet the Constitution, we have yet a judiciary, which has never been appealed to in vain—we have yet just laws and officers to administer them; and an army and navy, ready to maintain any and every constitutional right of the citizen. Whence then this clamor about disunion? ” He further went on to say that he believed in the Union but did not trust Lincoln. Are Perry’s words...

Secession:”Let my people go!”

Secession:”Let my people go!”
In reading the news about how 15 states have submitted petitions to the empire requesting secession, I have been both thrilled and saddened. It is thrilling to see how the efforts of the League of the South and others has helped make secession an option that people are considering. Ten years ago, just to bring up the topic of secession often meant being the but of jokes and ridicule if not being shunned in some circles by suggesting it. Seeing the topic in the public domain is good. We need people discussing issues like nullification, secession and other political options. A timely article at the Tenth Amendment center addresses these options. The people should be discussing their political options. Historically, Texas left the Union within less than 120 days after Lincoln’s election. The outrage at his policies, and the failure of the government in responding to the needs of Texas regarding border protection, regional favoritism of some groups over others, the failure of the federal government to seriously deal with terrorists like John Brown, questionable election results and other issues led the people of Texas to take action. The people were not rebelling. They were divorcing themselves from the Union. I have never understood how a government that supports divorce so strongly looks so unfavorably on a State when it wants a divorce from the Union. Somehow things get lost in translation when you talk about States rather than a married couple. The standards change and the double-talk begins. Asking the federal government to “let my people go” is very similar to the situation faced by Moses upon leaving Egypt. The Egyptians had grown too used to the taxes and labor extracted from their prey to let them go. It is a start, yet I suspect that Pharaoh Obama’s heart will be hardened to the cries of the people. He did not listen to us when we wanted more border protection, when we told him that we do not want Obamacare, when we wanted justice for the terrorist attack at Fort Hood, or a myriad of other instances. Expecting the regime to listen this time is like expecting the leopard to change his spots. I hope that I am wrong about the “Let my people go” metaphor, yet I read the book and know what happens next. Liberty for...

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