The Soapbox

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The Constitutionality of Secession

Professor Cynthia Nicoletti of the Law School has just published a book titled Secession on Trial: The Treason Prosecution of Jefferson Davis.

As I am not yet willing to part with the $100 purchase price, I haven't read it. But I've linked a short video in which she discusses her thesis--that the federal government did not proceed with the prosecution of Jefferson Davis due to a significant risk that they'd lose the case, which was dependent upon the unconstitutionality of secession. A ruling that secession was in fact constitutional (and therefore not treasonous) would have undercut the rationale for the War. Although her argument isn't new, it has not been favored of late. The reviews suggest she has now nailed the question down.

[Post edited by Joey Wahoo at 11/26/2017 12:07PM]

Link: Secession on Trial

Posted: 11/26/2017 at 11:56AM

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Current Thread:

The Constitutionality of Secession -- Joey Wahoo 11/26/2017 11:56AM

The author understands the complexity of the issue. -- DanTheFan 11/27/2017 08:59AM

I don't understand why there would be a concern about the jury -- Joey Wahoo 11/27/2017 09:35AM

Special counsel Richard Henry Dana expressed concerns -- DanTheFan 11/27/2017 10:58AM

Nicoletti agrees with the allegation that Dana deliberately.... -- Joey Wahoo 11/27/2017 4:49PM

That isn't really the point. -- DanTheFan 11/27/2017 6:34PM

I wasn't responding to that. Just thought you'd find her conclusion... -- Joey Wahoo 11/27/2017 7:10PM

By the way, the Judge was abolitionist John Curtiss Underwood -- Joey Wahoo 11/27/2017 10:15AM

Speaking of State's rights -- Beerman 11/27/2017 07:59AM

Could there be "Internet Sanctuary Cities" ** -- Tuckahokie 11/27/2017 08:31AM

We could build a wall around Comcast -- Beerman 11/27/2017 08:37AM

That was a glorious day when Verizon brought FIOS to the doublewide ** -- Tuckahokie 11/27/2017 08:44AM

Thought experiments are a good thing. ** -- Seattle .Hoo 11/27/2017 06:35AM

Winners of wars make the rules; Mr Lincoln played to win -- Quaker 11/26/2017 7:51PM

If might makes right then you are ok with whatever authoritarian vision -- HokieDan95 11/26/2017 11:26PM

That isn't what he said at all and I think it is similar to what Faz points -- Seattle .Hoo 11/27/2017 06:40AM

By the way, the indictment reads like something out of the Middle Ages -- Joey Wahoo 11/26/2017 7:21PM

But secession is evil. -- hoothat 11/26/2017 7:30PM

On the topic of slavery, I'm ok that the "Feds" decided. -- HootiesJohnson 11/27/2017 01:34AM

Secession isn't constitutional... -- hoothat 11/27/2017 11:28AM

Ms. Nicoletti devotes a chapter of her book to the question of whether... -- Joey Wahoo 11/27/2017 12:44PM

Thanks for the info, gonna pick up the book ** -- hoothat 11/27/2017 1:07PM

That a right of secession doesn't exist would appear to -- Hokie5150 11/27/2017 08:41AM

Not at all. The founding principle was a republican form of government. -- DanTheFan 11/27/2017 09:17AM

Perhaps...but I don't believe the founders viewed the government -- Hokie5150 11/27/2017 09:30AM

Texas v White explains it. -- DanTheFan 11/27/2017 11:12AM

And..."whenever any form of government becomes destructive -- Hokie5150 11/27/2017 11:20AM

Articles of Confederation and Perpetual Union -- DanTheFan 11/27/2017 12:19PM

So they knew how to draft a perpetual union clause... -- southdenverhoo 11/27/2017 1:45PM

A more perfect Union -- DanTheFan 11/27/2017 2:46PM

Interesting. What other parts of the Articles of Confederation were -- southdenverhoo 11/28/2017 08:59AM

And what is the Constitutional solution to a government is -- Hokie5150 11/27/2017 2:30PM

Governments "should not be changed for light or transient causes." It's -- Seattle .Hoo 11/27/2017 09:43AM

It seems rather obvious that a people willing to go to war -- Hokie5150 11/27/2017 09:49AM

People meaning the wealthy planters who wanted to preserve their slave- -- WahooRQ 11/27/2017 09:53AM

Fascinating book, especially in today's climate. -- Eta 11/26/2017 5:58PM

It is a fascinating topic and still relevant. -- Joey Wahoo 11/26/2017 7:10PM

Pretty fascinating stuff. -- hoolstoptheheels 11/26/2017 6:15PM

That's my take. -- DanTheFan 11/27/2017 10:40AM

We often forget that politics and political calculation are hardly new. -- WahooRQ 11/27/2017 09:06AM

If it weren't as pricey -- hoothat 11/26/2017 6:59PM

The decision would be based on what 5 or more members of the SC say -- NJHoo 11/26/2017 4:30PM

Not necessarily in a criminal trial. ** -- KCHoo 11/26/2017 6:29PM

Amazon has it for $29 paperback - video intrigued me enough to buy ** -- CharlestonSC 11/26/2017 2:13PM

Sounds like a real navel gazer** -- Hoogle.com 11/26/2017 12:22PM

I think the precedent had already been set. -- Chuck Taylor 11/26/2017 12:10PM

I'm not sure what to make of this -- Faz d. Hoo 11/26/2017 12:07PM