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View Diary: White House Responds: No Secession Today Boys (211 comments)

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  •  OK, so if states are indestructable, (2+ / 0-)
    Recommended by:
    Gary Norton, George Hier

    where did West Virginia come from? Wasn't it formed by secession from Virginia? Doesn't that Supreme Court decision mean that West Virginia should have been forced to rejoin Virginia when Virginia was readmitted to the Union?

    •  Virginia was not indestructible when it (3+ / 0-)
      Recommended by:
      JayRaye, tekno2600, Beetwasher

      seceded and waged war against the US. Actually the Texas v White decision does touch on some things that were different for the states in rebellion.

      Further, affiant sayeth not.

      by Gary Norton on Sat Jan 12, 2013 at 02:10:42 PM PST

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    •  Wheeling Convention (2+ / 0-)
      Recommended by:
      Gary Norton, bontemps2012

      The origin of West Virginia is tied to the Wheeling Convention. A rival Virginia government, loyal to the Union, was recognized by President Lincoln & Congress as the legitimate governmetn for the state of Virginia.

      A key concept validated in Texas v. White, 74 U.S. 700 (1868) by the Supreme Court is the court interpreted a State as distinct from its government, rather than being a government. Since Article Four, Section 4, Clause 1 guarantees to every State in the Union a "Republican Form of Government," the Federal government has the power to intervene & invalidate actions that are in conflict with representative democracy.

      Under Article 4, Section 3, Clause 1 of the U.S. Constitution, this Virginia government seeded the land to create West Virginia. These actions were tested in Virginia v. West Virginia, 78 U.S. 39 (1870), and since West Virginia still exists you know how it turned out.

    •  In simple terms WVA's formation was a response (1+ / 0-)
      Recommended by:
      Gary Norton

      to the treason committed by VA and to the slavery in VA. If one is VA and believes in secession, one has lost a war of treason fought for the vilest of reasons, and one is lucky to have the remainder of one's territory intact; then one should keep quiet.

      My view is that the Southern oligarchy should have been tried and hung. But reckon that is another discussion.

      If... the machine of government... is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. ~Henry David Thoreau, On the Duty of Civil Disobediance, 1849

      by shigeru on Sat Jan 12, 2013 at 06:09:59 PM PST

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      •  Hanging wasn't necessary (2+ / 0-)
        Recommended by:
        LordMike, JayRaye

        What was necessary was a radical land reform that would have broken the economic power of the planter class and created a free yeomanry across the color line.

        Nothing human is alien to me.

        by WB Reeves on Sat Jan 12, 2013 at 07:22:57 PM PST

        [ Parent ]

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