Monday, December 20, 2010
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| South Carolina Sovereignty Flag |
Paul Rahe discusses the secession of South Carolina from the Union on December 20, 1860, 150 years ago today. Rahe, a misinformed Northern apologist, recycles old lies and myths about the "illegality" of secession, at this link.
Rahe claims that, since the Constitution doesn't specifically state that secession is Constitutional, then it is not allowed. Nonsense. Since the Constitution doesn't state that secession is prohibited, then it is not prohibited. Rahe has it exactly backwards. Our rights and powers are not limited to those specifically stated and enumerated.
Rahe then claims, unbelievably, that the Articles of Confederation (which existed before the Constitution was formed) stated plainly that the Confederation (the original Union) would exist "in perpetuity." Really? Is that why it was ended and cancelled and replaced? Implied in Rae's reasoning is that our current Constitution is illegal because we are still legally governed by the Articles of Confederation, which were "perpetual"!
Rahe claims that, since the Constitution doesn't specifically state that secession is Constitutional, then it is not allowed. Nonsense. Since the Constitution doesn't state that secession is prohibited, then it is not prohibited. Rahe has it exactly backwards. Our rights and powers are not limited to those specifically stated and enumerated.Rahe then claims, unbelievably, that the Articles of Confederation (which existed before the Constitution was formed) stated plainly that the Confederation (the original Union) would exist "in perpetuity." Really? Is that why it was ended and cancelled and replaced? Implied in Rae's reasoning is that our current Constitution is illegal because we are still legally governed by the Articles of Confederation, which were "perpetual"!
In reality, those words "in perpetuity" only meant there was no automatic expiration date -- many corporations and other organizations have that same term in their organizing documents, but it is not to be taken literally.
Then there is the unfortunate (unfortunate for Rae) the 10th Amendment of the Constitution, which states:
Then there is the unfortunate (unfortunate for Rae) the 10th Amendment of the Constitution, which states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.And those powers include the right of secession, recognized by every state when the Constitution was formed, and by key founding fathers like Thomas Jefferson, and taught as a right at West Point before the War for Southern Independence.
Update: Great minds think alike. Robert Stacy McCain also rebutted Paul Rahe at this link.
Update 2: 1389 blog weighs in too -- read it at this link.
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