A bit of a scandal is brewing in Kansas over two sitting judges, Eric Yost and Jeffrey Goering, who have each donated $100 to the Kansans for Life PAC, yet have not recused themselves from abortion-related cases. This is perfectly legal in Kansas, but not everyone is satisfied:
“Judges are held to the highest conduct standards, and they should be,” said Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University’s law school. “The best practice is going to be to avoid contributing to political organizations because of the inevitable appearance of partiality that those kinds of donations create.”
Kansas Sen. John Vratil, a Republican member of the Senate Judiciary Committee and an attorney, said he wants to examine the state’s rule for political contributions by judges.
“It can’t be good for the judiciary because it reflects on their impartiality,” Vratil said.
While the Kansas Code of Judicial Ethics broadly prohibits activities that appear to present a conflict of interest, it also specifically allows judges chosen in partisan elections – as Yost and Goering were – to make contributions to political organizations “at any time.”The federal court system’s Code of Conduct forbids judges from contributing to specific parties and candidates for office, but doesn’t explicitly say they can’t donate to issue-based organizations.
It’s part of the fabric of America to support traditional marriage and that being between one man and one woman. I led the charge back in the mid 2000′s in Texas when we passed a constitutional amendment that defines marriage as being between one man and one woman, passed by 75%, that’s rather overwhelming. But I do respect a state’s right to have a different opinion and take a different tact if you will, California did that. I respect that right, but our founding fathers also said, ‘listen, if you all in the future think things are so important that you need to change the constitution here’s the way you do it’. It takes three quarters of the states deciding that this is important, it goes forward and it becomes an amendment to the United States Constitution. I support that for issues that are so important, I think, to the soul of this country and to the traditional values which our founding fathers, on the issue of traditional marriage I support the federal marriage amendment.
Why would you want an amendment in a case where you respect a state’s right to have a different opinion? The touchstone for an amendment, I would think, is when you don’t respect that right because a particular state’s legislative preference would lead to grievous harm. Slavery is the paradigm example; abortion, arguably, is another. If you can look at your opponent’s position and say, “I see your point but I think you’re wrong,” that should take the amendment option off the table and put you back in Tenth Amendment territory. Federalism is “part of the fabric of America” too, after all; as a wise man once said, “It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Perry’s arguing, I guess, that this experiment is simply too dangerous to conduct — except, actually, he never does say that it’s dangerous. He just says it’s contrary to “traditional values,” a standard that would prohibit “novel social experiments” altogether. And the kicker is that he’s couching his argument in terms of Article V, which is the most “non-traditional” part of the Constitution insofar as it lets future generations change the law as opinions change. Well, opinions are changing. Why use Article V to stop it if you can’t articulate some sort of overweening harm?
Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; […]
[…] nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
When Congressman John A. Bingham of Ohio drafted the Fourteenth Amendment to guarantee the rights of life, liberty, and property to all human beings, he explained that all are “entitled to the protection of American law, because its divine spirit of equality declares that all men are created equal.” He said the right guaranteed by the amendment would therefore apply to “any human being.”
I PLEDGE that I will only support candidates for President who are committed to protecting Life. I demand that any candidate I support commit to these positions:
FIRST, to nominate to the U.S. federal bench judges who are committed to restraint and applying the original meaning of the Constitution, not legislating from the bench;
SECOND, to select only pro-life appointees for relevant Cabinet and Executive Branch positions, in particular the head of National Institutes of Health, the Department of Justice, and the Department of Health & Human Services;THIRD, to advance pro-life legislation to permanently end all taxpayer funding of abortion in all domestic and international spending programs, and defund Planned Parenthood and all other contractors and recipients of federal funds with affiliates that perform or fund abortions;FOURTH, advance and sign into law a Pain-Capable Unborn Child Protection Act to protect unborn children who are capable of feeling pain from abortion.
It is one thing to end federal funding for an organization like Planned Parenthood; it is entirely another to end all federal funding for thousands of hospitals across America. That is precisely what the pledge would demand and require of a president who signed it.
The pledge also unduly burdens a president’s ability to appoint the most qualified individuals to a broad array of key positions in the federal government. I would expect every one of my appointees to carry out my policies on abortion and every other issue, irrespective of their personal views.
I support right-to-life issues unequivocally and I adamantly support the first three aspects of the Susan B. Anthony pledge involving appointing pro-life judges, choosing pro-life cabinet members, and ending taxpayer-funded abortions. However, the fourth requirement demands that I “advance” the Pain-Capable Unborn Child Protection Act. As president, I would sign it, but Congress must advance the legislation.
The federal version of PCUCPA is S. 314, introduced by Sen. Mike Johanns (R-Neb.). After the definitions section of the proposed statute, the bill states: “Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion of a pain-capable unborn child, shall comply with the requirements of this title.”Federal abortion control under the purported authority of congressional power “To regulate Commerce…among the several States” is plainly unconstitutional under the original meaning of the interstate commerce.Even under the lax (but non-infinite) version of the interstate commerce power which the Court articulated in Lopez, a federal ban on partial-birth abortion is dubious, as Glenn Reynolds and I argued in a Connecticut Law Review article. Indeed, in the 5–4 Supreme Court decision upholding the federal ban, Gonzales v. Carhart, Justices Thomas and Scalia, who voted in the majority to uphold the ban as not violating the Casey abortion right, concurred to point out “that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.”In other words, if the attorneys who challenged the federal ban on partial-birth abortions had been willing to raise all plausibile constitutional claims, instead of losing the case 4–5 they probably could have won 6–3, by assembling a coalition of 4 strongly pro-abortion-rights Justices, plus Scalia and Thomas on the commerce issue.
UPDATE II: Ramesh Ponnuru has another, more substantive beef with the pledge:
But this pledge, taken seriously, would preclude me from voting for Mitt Romney against Barack Obama in 2012 — which is to say, that given these entirely imaginable options, it would preclude me from doing what I can to advance the pro-life cause. (It would have precluded me from supporting Bush over Gore in 2000, too, since Bush made no such commitment on personnel.) It would preclude me from voting for Romney in the primaries even if I believed he offered pro-lifers our best shot at replacing Obama with someone who would appoint good justices to the Supreme Court.
The question now is whether a governor ought to defend a law that defies the constitution. “If the governor determines that defending a law would be contrary to the state’s constitution, he cannot order the defense of the law because of his oath to support the Wisconsin Constitution,” Walker’s attorney told the court.
It’s no different than if a past legislature installed a law to set up a state church, for instance, or segregate schools. A governor ought not and cannot defend such stuff. This is no different, since voters specifically, constitutionally banned what Doyle launched.
The only route left for defenders of redefining marriage is the sympathy play. One line, for instance, has it that Doyle’s law was all about letting gay couples visit each other in hospitals. Nonsense, of course: A medical power of attorney gives whomever you designate – offspring, friend or, yes, gay life-partner – not only the ability to visit you in the hospital but to make decisions on your behalf. It’s a normal part of making a will, which any couple of any sexual preference ought to have anyhow.
Doyle wasn’t aiming to let couples visit each other in hospitals. Who visits whom is a private matter, and there’s little evidence any Wisconsin hospital made it anything but. As with the drive for gay “marriage,” Doyle’s registry was all about public status – granting a special public recognition to a particular kind of unmarried couple so that everyone else in society would have to treat them in every important way as if they were married.
Voters already told the government not to make such demands on society. Doyle ignored them.
Walker, to his credit, is listening.
My latest NewsRealBlog post:
The United States Constitution is one of the most well thought-out works ever created by mere mortals. As the Federalist Papers make clear, America’s Founding Fathers carefully considered nearly every aspect of human nature, the demands of freedom, and the nature of government when drafting it, and created a system of government designed to effectively carry out its duties without imperiling liberty, and calibrated to properly balance society’s competing commitments to self-rule and objective morality, to liberty and security, and more. Under the Constitution, the United States became the freest, most prosperous, and most consequential nation in history.
But to the Left, this magnificent document is at best a relic of a bygone era which has outlived its usefulness; at worst the product of long-dead, bigoted elites. Philosophically, they have inherited President Woodrow Wilson’s view that the Constitution was based on a theory of government mankind has since evolved past:
The makers of our federal Constitution followed the scheme as they found it expounded in Montesquieu, followed it with genuine scientific enthusiasm. The admirable expositions of the Federalist read like thoughtful applications of Montesquieu to the political needs and circumstances of America. They are full of the theory of checks and balances. The President is balanced off against Congress, Congress against the President, and each against the courts. Our statesmen of the earlier generations quoted in no one so often as Montesquieu, and they quoted him always as a scientific standard in the field of politics. Politics is turned into mechanics under his touch. The theory of gravitation is supreme.
The trouble with the theory is that government is not a machine, but a living thing. It falls, not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin, not to Newton. It is modified by its environment, necessitated by its tasks, shaped to its functions by the sheer pressure of life. No living thing can have its organs offset against each other as checks, and live. On the contrary, its life is dependent upon their quick cooperation, their ready response to the commands of instinct or intelligence, their amicable community of purpose. Government is not a body of blind forces; it is body of men, with highly differentiated functions, no doubt, in our modern day of specialization, but with a common task and purpose. Their cooperation is indispensable, their warfare fatal. There can be no successful government without leadership or without the intimate, almost instinctive, coordination of the organs of life and action. This is not theory, but fact, and displays its force as fact, whatever theories may be thrown across its track. Living political constitutions must be Darwinian in structure and in practice.
Fortunately, the definitions and prescriptions of our constitutional law, though conceived in the Newtonian spirit and upon the Newtonian principle, are sufficiently broad and elastic to allow for the play of life and circumstance.
Accordingly, the needs of their agenda dictate a variety of approaches to the Constitution, depending on the issue. When America needs to be reminded of its irredeemably-evil history, the Constitution is an abomination. When a certain passage seems useful out of context, it becomes an example of the Founders’ wisdom (and pay no attention to that history book behind the curtain). And when a passage seems to get in the way, it’s time to break out the historical relativism.
No more. This weekend, we’re highlighting ten of the most distorted or ignored passages in the Constitution, listed in the order in which they appear in the text. Let’s get started.
My latest NewsRealBlog post:
Feminist identity-politics arguments for increasing the number of women in public office usually rest on the premise that females have unique insight or sensitivity regarding issues like abortion, pay inequality, and education, without which disproportionately-male government cannot be trusted make sound, tolerant policy. But at the Daily Beast, Tony Dokoupil floats a new, more pragmatic argument, that according to a new American Journal of Political Science study, women simply get more stuff done:
The research is the first to compare the performance of male and female politicians nationally, and it finds that female members of the House rout their male counterparts in both pulling pork and shaping policy. Between 1984 and 2004, women won their home districts an average of $49 million more per year than their male counterparts (a finding that held regardless of party, geography, committee position, tenure in office, or margin of victory). The spending jump was found within districts, too, when women moved into seats previously occupied by men, and the cash was for projects across the spectrum, not just “women’s issues.”
A similar performance gap showed up in policy: Women sponsored more bills (an average of three more per Congress), co-sponsored more bills (an average of 26 more per Congress), and attracted a greater number of co-sponsors than their colleagues who use the other restroom. These new laws driven by women were not only enacted—they were popular. In a pair of additional working papers, led by Ohio State political scientists Craig Volden and Alan Wiseman, researchers tracked every bill introduced between 1981 and 2009, and found that those sponsored by women survived deeper into the legislative process, garnered more press attention, and were more likely to be deemed “important” overall. All of which leads the authors of the AJPS paper, University of Chicago Public Policy Professor Christopher Berry and his student and Stanford doctoral candidate Sarah Anzia, to conclude that it’s the women themselves—specifically, their skills at “logrolling, agenda-setting, coalition building, and other deal-making activities”— that are responsible for the gender-performance divide.
After a century of American political thought all-but dominated by progressive assumptions about the nature and role of government, this is likely to strike many Americans as intuitively compelling. But conservatives should instantly recognize the problem here: success and effectiveness are measured by sheer number of new laws made and amount of money funneled back home, without regard for the merit or constitutionality of any of it. Dokoupil simply assumes as a given that “more” equals “better.”
Justice Antonin Scalia tells it like it is on the “right” to abortion.
Is the DEA worse than WikiLeaks? Crap like this is why I find it so difficult to take libertarians seriously.
Michelle Malkin has 10 simple rules for the GOP.
R. Lee Ermey disappoints his fans.
Not even good enough for government work: snow cleanup workers in the Big Apple trash a Jewish cemetery.
The feds find yet another crisis that demands their immediate attention: insufficiently-regulated garage sales.
In Part 1, I responded to Robert Stacy McCain’s claim that secession is an important recourse against an overreaching federal government, and that states as meaningful entities basically cease to exist without it. Today we turn to the other part of McCain’s defense of secession.
Citing the Declaration of Independence’s language describing the newly-independent colonies as “Free and Independent States,” plural, McCain claims the Union was merely “a military alliance for mutual self-defense, since “[t]here could be no separate peace — the King and Parliament could not hope to enter into negotiations with Rhode Island or North Carolina, seeking a treaty that would break the alliance”; and observes that the Treaty of Paris, which ended the Revolutionary War, similarly recognizes the ex-colonies as “free sovereign and independent states.” He then recounts the debate over ratifying the Constitution:
This ratification was conducted in each state by a special convention, and the debate was quite intense. Patrick Henry, among others, was in the anti-Federalist faction, warning that the Constitution granted too much power to the national government. It was to allay these concerns that the Bill of Rights was adopted immediately after ratification. Among those amendments, the 10th gave especial protection to the states, limiting the government to those powers delegated by the Constitution, and reserving the balance to the several states.
Now, we must pay careful attention to a key point about the Constitution, namely Article 7:
“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”
Which is to say that as many as four of the original states might have, by refusing to ratify the Constitution, exempted themselves from that government.
The Anti-Federalists’ fears about the Constitution giving the feds too much power are just as immaterial to the nature of the Union as revolution’s dependence on the fortunes of war was in Part 1. The concept of America as a single, indivisible nation is hardly incompatible or inconsistent with belief in, or concern for, separating and protecting state prerogatives against federal authority within that nation. And I’m not sure how the fact that the states could have chosen not to become part of the new government proves that they could have withdrawn after it was formed.
Did the Union really begin as merely a temporary alliance of ultimately independent entities? Lincoln didn’t think so:
[W]e find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was “to form a more perfect Union.”
But if destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.
Our States have neither more, nor less power, than that reserved to them, in the Union, by the Constitution—no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence; and the new ones each came into the Union directly from a condition of dependence, excepting Texas. And even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States, on coming into the Union, while that name was first adopted for the old ones, in, and by, the Declaration of Independence. Therein the “United Colonies’’ were declared to be “Free and Independent States’’; but, even then, the object plainly was not to declare their independence of one another, or of the Union; but directly the contrary, as their mutual pledge, and their mutual action, before, at the time, and afterwards, abundantly show. The express plighting of faith, by each and all of the original thirteen, in the Articles of Confederation, two years later, that the Union shall be perpetual, is most conclusive.
Having never been States, either in substance, or in name, outside of the Union, whence this magical omnipotence of “State rights,’’ asserting a claim of power to lawfully destroy the Union itself? Much is said about the “sovereignty’’ of the States; but the word, even, is not in the national Constitution; nor, as is believed, in any of the State constitutions. What is a “sovereignty,’’ in the political sense of the term? Would it be far wrong to define it “A political community, without a political superior’’? Tested by this, no one of our States, except Texas, ever was a sovereignty. And even Texas gave up the character on coming into the Union; by which act, she acknowledged the Constitution of the United States, and the laws and treaties of the United States made in pursuance of the Constitution, to be, for her, the supreme law of the land.
The States have their status IN the Union, and they have no other legal status. If they break from this, they can only do so against law, and by revolution. The Union, and not themselves separately, procured their independence, and their liberty. By conquest, or purchase, the Union gave each of them, whatever of independence, and liberty, it has. The Union is older than any of the States; and, in fact, it created them as States. Originally, some dependent colonies made the Union; and, in turn, the Union threw off their old dependence, for them, and made them States, such as they are. Not one of them ever had a State constitution, independent of the Union. Of course, it is not forgotten that all the new States framed their constitutions, before they entered the Union; nevertheless, dependent upon, and preparatory to, coming into the Union.
Makes sense to me, but something tells me most secession defenders won’t accept the sixteenth President as the last word on the subject. So let’s see what the Founding Fathers had to say about the nature of the American Union:
[A]s this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment, that you should properly estimate the immense value of your national Union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the Palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion, that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.
For this you have every inducement of sympathy and interest. Citizens, by birth or choice, of a common country, that country has a right to concentrate your affections. The name of american, which belongs to you, in your national capacity, must always exalt the just pride of Patriotism, more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together; the Independence and Liberty you possess are the work of joint counsels, and joint efforts, of common dangers, sufferings, and successes […]
With such powerful and obvious motives to Union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those, who in any quarter may endeavour to weaken its bands […]
To the efficacy and permanency of your Union, a Government for the whole is indispensable. No alliances, however strict, between the parts can be an adequate substitute; they must inevitably experience the infractions and interruptions, which all alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Constitution of Government better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This Government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true Liberty. The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish Government presupposes the duty of every individual to obey the established Government.
The essential difference between a free Government and Governments not free, is that the former is founded in compact, the parties to which are mutually and equally bound by it. Neither of them therefore can have a greater right to break off from the bargain, than the other or others have to hold them to it. And certainly there is nothing in the Virginia resolutions of — 98, adverse to this principle, which is that of common sense and common justice. The fallacy which draws a different conclusion from them lies in confounding a single party, with the parties to the Constitutional compact of the United States. The latter having made the compact may do what they will with it. The former as one only of the parties, owes fidelity to it, till released by consent, or absolved by an intolerable abuse of the power created. In the Virginia Resolutions and Report the plural number, States, is in every instance used where reference is made to the authority which presided over the Government. As I am now known to have drawn those documents, I may say as I do with a distinct recollection, that the distinction was intentional. It was in fact required by the course of reasoning employed on the occasion. The Kentucky resolutions being less guarded have been more easily perverted. The pretext for the liberty taken with those of Virginia is the word respective, prefixed to the “rights” &c to be secured within the States. Could the abuse of the expression have been foreseen or suspected, the form of it would doubtless have been varied. But what can be more consistent with common sense, than that all having the same rights &c. should unite in contending for the security of them to each.
It is remarkable how closely the nullifiers who make the name of Mr Jefferson the pedestal for their colossal heresy, shut their eyes and lips, whenever his authority is ever so clearly and emphatically against them. You have noticed what he says in his letters to Monroe & Carrington Pages 43 & 203, vol 2, with respect to the powers of the old Congress to coerce delinquent States, and his reasons for preferring for the purpose a naval to a military force, and moreover that it was not necessary to find a right to coerce in the Federal Articles, that being inherent in the nature of a compact. It is high time that the claim to secede at will should be put down by the public opinion, and I shall be glad to see the task commenced by one who understands the subject.
Providence has been pleased to give this one connected country to one united people-a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, have nobly established general liberty and independence.
This country and this people seem to have been made for each other, and it appears as if it was the design of Providence that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties.
Similar sentiments have hitherto prevailed among all orders and denominations of men among us. To all general purposes we have uniformly been one people; each individual citizen everywhere enjoying the same national rights, privileges, and protection. As a nation we have made peace and war; as a nation we have vanquished our common enemies; as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign states.
A strong sense of the value and blessings of union induced the people, at a very early period, to institute a federal government to preserve and perpetuate it.
A man must be far gone in Utopian speculations who can seriously doubt that if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other. To presume a want of motives for such contests as an argument against their existence would be to forget that men are ambitious, vindictive, and rapacious. To look for a continuation of harmony between a number of independent unconnected sovereignties situated in the same neighborhood would be to disregard the uniform course of human events, and to set at defiance the accumulated experience of ages […]
An intelligent writer expresses himself on this subject to this effect: “NEIGHBOURING NATIONS. (says he) are naturally ENEMIES of each other, unless their common weakness forces them to league in a CONFEDERATE REPUBLIC, and their constitution prevents the differences that neighborhood occasions, extinguishing that secret jealousy which disposes all states to aggrandize themselves at the expense of their neighbors.” This passage, at the same time points out the EVIL and suggests the REMEDY.
I can scarcely contemplate a more incalculable evil than the breaking of the union into two or more parts […] a separation of the Union, the most dreadful of all calamities […]
[W]ho can say what would be the evils of a scission, and when & where they would end? Better keep together as we are, hawl off from Europe as soon as we can, & from all attachments to any portions of it. And if we feel their power just sufficiently to hoop us together, it will be the happiest situation in which we can exist. If the game runs sometimes against us at home we must have patience till luck turns, & then we shall have an opportunity of winning back the principles we have lost, for this is a game where principles are the stake.
But he also spoke more sympathetically of secession elsewhere:
If any State in the Union will declare that it prefers separation with the first alternative, to a continuance in union without it, I have no hesitation in saying “let us separate.” I would rather the States should withdraw which are for unlimited commerce and war, and confederate with those alone which are for peace and agriculture […]
Whether we remain in one confederacy, or form into Atlantic and Mississippi confederacies, I believe not very important to the happiness of either part.
Lastly, it’s worth noting that the Constitution makes “the laws of the United States […] the supreme law of the land,” with not only federal, but also state, lawmakers and judges bound to support the Constitution, and as I’ve pointed out before, the Constitution places quite a few restrictions on the states, making them far from “sovereign” or “independent.”
Considering the failings of secessionist rationale, the judgment of the Father of Our Country and the authors of the Federalist, and the implications of the Constitution itself, secession ends up looking a lot less like a valuable principle rooted in the American Founding, and more like a intellectual false lead that conservatives would do well to leave in the past, alongside the bloody conflict it spawned and the peculiar institution it was deployed to support.