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re: Washington and Lee University to remove Confederate flag's from Lee's tomb.

Posted on 7/8/14 at 7:20 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124462 posts
Posted on 7/8/14 at 7:20 pm to
quote:

I posted some contemporary opinions on this board not three weeks ago.
Was it ever adjudicated?
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 7/8/14 at 7:30 pm to
quote:

Was it ever adjudicated?


From our exchange on 20 June:

Navy

Article IV of the constitution requires congressional approval for states to join the union, partition themselves, or unite into new states. Doesn't that suggest that Congress would have to weigh in if a state wanted to leave? Though it was popular for politicians and thinkers to speak and write on secession throughout much of the early founding, John Marshall suggested that such a right didn't exist in 1824.

NC
quote:

The 10th Amendment suggests such suggestions are reserved to the States


Navy

Not a bad rebuttal.

It would seem terribly logically inconsistent, however, to require states to seek permission to bond together or internally partition while giving them free reign to leave as they please.

I don't think it unreasonable to assert that there was a certain implied permanence and perpetuity in the constitution.
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