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A Concurring Opinion For Secession – Parts 10, 11 &12

February 24, 2010
Timothy N. Baldwin, JD.

After having read all of the information in the previous articles I presented, some may still attempt to deny the states their right to secede by arguing that the states never had the right to secede even before the ratification of the US Constitution. They must argue this position because if it were shown that the states waived this power before ratifying the US Constitution, then the tenth amendment would prove worthless regarding their right to secede. Such an argument is crafty, but lacks any support in history, facts or law, for it has been universally accepted that:

“[I]f any disputes arise in a state respecting the fundamental laws…it belongs to the nation alone to judge and determine them conformably to its political constitution…Every true sovereignty is, in its own nature, unalienable…[Transferring sovereignty] to other hands…can never take place without express and unanimous consent of the citizens…for the individuals who have formed this society, entered into it in order to live in an independent state, and not under a foreign yoke.” Emer De Vattel, The Law of Nations, (Indianapolis, IN, Liberty Fund, [1758] 2008), 96, 123.

The story continues …..

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