Comments by "possumverde" (@possumverde) on "TED-Ed"
channel.
-
7
-
@Uller1967 At the time (and to this day) there was/is nothing in the Constitution that addresses secession / states leaving in any way. It was left out because it was one of the few issues they couldn't get enough delegates to agree on originally. Over the 80+ years between the creation of the country and the civil war, every state threatened to secede over something at least once. Not once did anyone argue that it wasn't legal. It was assumed that, since there were no powers concerning the issue delegated to the federal government in the Constitution, the 10th amendment put the issue in the hands of the state governments.
Also, though not often mentioned, before secession, Jefferson Davis was considered to be one of the foremost Constitutional law experts in Congress. If he didn't think secession was illegal, there's a strong chance that it wasn't. That is bolstered by the fact that once his treason case was about to go to SCOTUS, the federal government dropped all charges against him and other ex-Confederates out of concern that when Davis made his arguments, SCOTUS might be forced to agree with him. All in all, the argument that it was legal is much stronger than that claiming it wasn't.
Currently, the only precedent concerning it is the later SCOTUS decision in Texas vs White which (indirectly) saw it as not being legal. However, the argument given there would not survive modern judicial review. The fact that the Chief Justice at the time had been the Secretary of the Treasury under Lincoln's administration and at least two of the other justices had ties to said administration as well (and all justices were from northern states) doesn't exactly help it's legitimacy either.
As for the Forts being federal property...A great deal of British property was seized and held with no recompense during and following the Revolutionary War because it was located in USA territory. That alone makes the "Union property" argument seem a bit...weak. However, if that really was a problem, Lincoln's administration and Congress could have simply offered to sell them to the states they were located in. Many, including Fort Sumter, were never actually completed prior to the war due to lack of funding. The Union dumping them off for whatever they could get would have gotten them off the books and lessened the tension which would have been mutually benefitial.
4
-
2