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

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  •  Wheeling Convention (2+ / 0-)
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    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.

    •  Well, "ceded the land." (0+ / 0-)

      Otherwise, yes indeed.

      (My fingers have minds of their own, too.)

      "We have done nothing to be ashamed of. We have nothing to apologize for." NRA 12/14/2012

      by bontemps2012 on Sat Jan 12, 2013 at 05:54:41 PM PST

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    •  Key point (1+ / 0-)
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      The Constitution empowers the Federal Government to assure Representative Government to the States. By necessity this grants the Federal Government the power to depose any State Government determined to be unrepresentative.

      Nothing human is alien to me.

      by WB Reeves on Sat Jan 12, 2013 at 07:19:29 PM PST

      [ Parent ]

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