Dan Hermann

MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

"Not until southern states voted to disassociate themselves from the federal government did the war begin. That is absolute, undeniable fact."

South Carolina seceded on December 20, 1860. By February, 1861, the states of Mississippi, Florida, Alabama, Georgia, Louisiana and Texas had seceded.

Lincoln's inauguration as President occurred on March 4, 1861.

Fort Sumter occurred April 12-13, 1861. "And the war came . . .."

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MoDan 2 years, 4 months ago on online_editor

Thanks for removing all the posts I did not post correctly. I tried to write out my argument separately and then copy and paste it into several posts.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

Clearly the Constitution. In that last post about the Articles and Constitution, I used Article 2 for the Articles of Confederation and Article VI for the Constitution. I was contrasting the two documents. We did have a government controlled under the principle of states rights: it was the Articles of Confederation, and it was a disaster. Hence the Constitution, in which the Framers jettisoned nearly all of the states rights aspects of the Articles of Confederation.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

“ If there had been no civil war slavery would have eventually ended.” If . . . I can make any argument I want by prefacing my statements with “If.”

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

“The 10th amendment guaranteed the right to secede. There is no logical argument that refutes that.” In case the previous sources are not enough, try this argument: The “Articles of Confederation and Perpetual Union” include a preamble that notes the document sets up a government “Between the States of . . . “ and then lists the thirteen states. Article 2 of that documents notes: “Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.” The preamble to the Constitution replaces the notation that the documents comes not from the states, but from “We, the People . . ..” The framers also did not include Article 2 of the Confederation in the new Constitution. They did, however, include Article VI cited previously. Article VI has a much different connotation than Article 2 of the Confederation.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

“The 10th amendment guaranteed the right to secede. There is no logical argument that refutes that.” It would seem that Article VI refutes the Tenth Amendment argument. Further proof lies in the Supreme Court case of Texas v. White decided in 1868. “The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to ‘be perpetual.’ And, when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained ‘to form a more perfect Union.’ “ But the perpetuity and indissolubility of the Union by no means implies the loss of distinct and individual existence, or of the right of self-government by the States. On the contrary, it may be not unreasonably said that the preservation of the States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.”

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

“Jim Crow Laws, Black Codes, and Segregation were all reactions to the loss of the war and the attempt of the federal government to fundamentally change society.” The Black Codes came in the first few years after the war. The Jim Crow laws were not enacted until after 1890. These actions instituted the system of segregation which prevailed in many states until the 1960s. They were all state laws. They were meant to codify a system of segregation which denied the rights guaranteed under the Thirteenth, Fourteenth, and Fifteenth Amendments. When the federal government “fundamentally change[d] society” in the 1950s and 1960s, it did so by applying the Constitution as clearly stated in the Thirteenth, Fourteenth and Fifteenth Amendments. When these proved inadequate, the Congress proposed the Twentieth Fourth Amendment, which the states then ratified. All actions (excepting those taken by the states with the Black Codes and the Jim Crow laws), clearly within the framework of the Constitution.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

This comment was removed by the site staff for violation of the usage agreement.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

This comment was removed by the site staff for violation of the usage agreement.

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MoDan 2 years, 4 months ago on Black student sparks debate with Confederate flag

This comment was removed by the site staff for violation of the usage agreement.

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