Monday, March 02, 2009

Comment on Theo Spark:
"A whole stack of 10th Amendment Stuff......'"


There are multiple competing forces at work in the sovereignty movement.
1) Many of those raising the issue are cranks, bigots, anti-semites.
2) The Union won the Civil War and 600,000 died to settle the issue.
3) The States Rights advocates are probably right on the Constitutional
      issues.
4) State and local governments are viewed as corrupt and often inefficient.
5) The Federal government is viewed as more professional and less corrupt,
      if also inefficient.

Unless the majority fear the Federal government more than they do corrupt local government the efforts to enforce the Constitution will fail.

On a historical note, Lincoln fought the war under the legal fiction that the Southern States had been overthrown by a series of coups d’etat and the Union was invading them to restore constitutional government. The seceding states claimed the Constitution had been broken by the refusal of Northern states to enforce the Fugitive Slave Act. The crisis was precipitated by the Supreme Court’s ruling in the Dred Scott case that no African American could ever become a free citizen. That over-reaching ruling that effectively turned every state into a slave state was badly reasoned, probably unconstitutional and therefor proved a justification for the subsequent acts of the Northerners that the South improperly relied upon to justify secession.

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