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Was the Civil War even constitutional?
The Declaration of Independence states the U.S. as a union for the people... not the states, so did South Carolina even have the right to secede?
I would also appreciate many other views on this. Thanks!
*** Sorry, I meant The Constitution.
5 Answers
- Candy SLv 51 decade agoFavorite Answer
No, it was not. Lincoln made himself a dictator for the purpose of holding the union together.
Defeating slavery was a good thing. Losing State sovereignty was awful. Giving the Federal government the power destroyed our Republic.
The Constitution does not have to "give" a right to secede, that right belongs to States. The 9th and 10th Amendment. The federal government only had the powers specifically enumerated by the Constitution, there was no power granted to make war on some of the States.
Pat: The Constitution does NOT list our "rights and freedoms". It limits the power of the government. ALL rights are ours, not just those specified in the Bill of Rights. The government gives no rights nor has any rights.
- 1 decade ago
There is no ruling , law or section of the Constitution as it stood prior to the Civil War that pertained to the right of a state to secede. The only state that had a clause in it pertaining to the right to withdraw was Texas who made it a stipulation in their bid to become a state. The Civil War started with no concern as to the rights of slavery but in 1864 the absolution of slavery passed Congress and was singed into law by the United States. The seceded South was not under this law until after General Lee surrendered later in that year and the South rejoined the union.
- Anonymous1 decade ago
There is no provision in the constitution for secession. That's why there was a civil war.
The southern states wanted to secede and establish their own country. The federal government told them they couldn't.
By the way, the Declaration of Independence is not a law. It was a letter written by the Continental Congress to King George III stating their reasons for seceding from Britain and establishing their own country. The British government told them they couldn't. That's why there was a Revolutionary War.
The US Constitution is the primary law of our country. It establishes the government. It says we have a president, and a congress, and courts. It lists our rights and our freedoms.
Go ahead. Read it. I dare you.
www.constitution.org
- 1 decade ago
According to Lincoln, the South's secession was against the law. He even compared it to the Whiskey Rebellion of a couple decades earlier. Rebellions need to be quashed. If a hundred people decide that they want to not abide by the law, it is their choice. But they will suffer the consequences as long as they abide in this country. So Lincoln didn't even view the South as an enemy country, only as a large group of rebels harmful to the Union.
Source(s): The American Pageant - How do you think about the answers? You can sign in to vote the answer.
- daddioLv 71 decade ago
it was NEVER decided, as the north ran the supreme court. it's worthy of pursuit, even today. i think Mr. Lincoln is directly responsible for the moral decline of this present day.