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If the Constitution didn't explicitly bar states from leaving the union, what was the legal reasoning for the CSA being an illegitimate insurrection?
At his first inaugural address, President Lincoln gave the following explanation:“I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual. Perpetuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itself.Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as acontract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it--break it, so to speak--but does it not require all to lawfully rescind it?Descending from these general principles, we 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.It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void, and that acts of violence within any State or States against the authority of the United States are insurrectionary or revolutionary, according to circumstances.”At the conclusion of the war, the government wasn’t sure how well the legal arguments would stand up in court, so they avoided trying Jefferson Davis. The topic did finally reach the Supreme Court in 1869, in the case Texas v White. In that judgment, the court wrote:“When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.”
Whereas most surveys had predicted a win for Hillary Clinton, how can we say that the Narendra Modi cannot meet a similar fate?
Observe the below image.Hillary clinton got 52.62% of votes against 36.89% for Donald trump.But donald turmp declared winner. How?That is the difference between US election and Indian elections. In USA not only more votes is enough. Majority of states should vote for the candidate.{It’s because the winner of the Presidency is the winner of the electoral college, where ‘electoral votes’ are awarded by states on the basis of who wins the most votes in that state (so if a state has 6 electoral votes and a candidate wins 48% and their opponent wins 47% in that state the first candidate gets all 6 electoral votes). Much like with our first past the post electoral system, the best strategy for Presidential candidates is to ‘win small, lose big’ in individual states – as if you lose by 1% you get nothing, but if you win by 1% you get all the electoral votes.In key battleground states Trump won small victories – 4% in North Carolina, 1% in Pennsylvania, Florida and Wisconsin while Clinton has stacked up huge margins in safe Democratic states – a 30% lead in California, 22% in New York, 27% in Massachusetts, 32% in Hawaii, 15% in Washington. Meanwhile in states traditionally considered to be strongly Republican she has won numbers of votes that would otherwise be unusually strong. Trump only won Georgia by 5%, Texas by 9%. In Utah (a unique case) the Republicans lost thirty percentage points. There are states where Trump won big blow-out victories, for instance Oklahoma where he led by 36% victory, but these states are typically less populous and hence the overall map advantages Trump.This is because the distribution of voters is not uniform. Fox News exit poll suggests that 65% of Hispanic voters voted for Clinton and turnout amongst this group also seems to be slightly up from 2012. But while Florida has a large Hispanic population and went for Trump and the battleground of Nevada went for Clinton due to a sizeable Hispanic turnout, many of the other battleground states have lower than average Latino populations. Instead many live in safely Democratic California or safely Republican Texas where they stacked up large numbers of votes for Clinton which were wasted in America’s electoral college system.There’s been a lot of talk the past few years of an America that is becoming deeply polarized. An electoral system which has just delivered one side victory without winning the most votes can only entrench divisions and drive Americans further apart due to the sense among some voters that the winner lacks legitimacy. This is dangerous for America and a product of an electoral system that is sorely out of date and in need of modernization. Margins may be small; a difference of one or two percentage points, but the principle matters. The solution? States agreeing to guarantee the presidency goes to the candidate who wins the most popular votes in all 50 States and the District of Columbia.}(1)But in 2014 general election BJP could win 280 odd seats with 39% votes. That is the difference in both political systems. Imagine BJP getting 52% as Hillary clinton? how much they will win? more than 500 I suppose.So it is foolish to compare the election systems and surveys of USA and India? According to Indian political system the survey in US seems perfect? clinton got more votes. So it happnes here also. BJP will get more votes and due to diverse political systems and also due more number of political parties BJP will get more seats than 2014 elections.JAI HIND1.How Trump won the Presidency despite not winning the most votes
What if the UN were to create an executive branch and decide to ban civilian gun ownership everywhere? Would you surrender your firearms to UN soldiers at your door?
Well for starters the USA would no longer be a member of the UN and there’d be some prime commercial real estate available in downtown Manhattan.Two, and more important for the UN, quite literally, “Them and what army?”.The United Nations has no military. Any attempt to form one for the purposes of world hegemony would be met with the scorn and derision from the remaining Security Council members that the idea would deserve.While I am sure the dictatorial and totalitarian nations would welcome the idea of no private gun ownership and would like to see said people disarmed, I seriously doubt they are going to contribute their own soldiers to the “Peaceful Weapons Realignment Squads” to round them up and redistribute them to smelters worldwide.So that leaves the UN hiring and forming mercenary companies to enforce their will.Which bring us to the third problem and that outside of an agreed-upon treaty, which the USA would not be party to, no nation in the world is going to willingly let a private army on its soil to enforce treaty terms.Peacekeepers are there at the behest of the belligerents. And “peacekeeping” is a misnomer. Peacekeepers are little more than mutually agreed upon third party targets for the two warring sides to take their anger out on instead.So the UN can pass any declaration of a private gun-free world they wish. Have glowing press conferences, flourishing parades and glorious public service announcements to usher in this new era of peace and non-violence.Now let those blue helmeted motherfuckers enforce it!And therein lies the failure of the scheme. What on this blue Earth makes you think a UN soldier/trooper/mercenary scumbag is getting anywhere near any Americans front door alive?!? They might in a Democrat controlled city like New York but I want to see them make their way into rural and upper New York state and see how they fare. This is a place where “Repeal the NY SAFE Act” and “Come and take them” signs are prevalent.I won’t even get into trying to take over Idaho, Wyoming, Montana, Utah, Nevada, Arizona, Texas, New Hampshire, Maine, Pennsylvania, West Virginia, etc. New York and New Jersey would be the toddler version of disarmament. The UN trying to head outside those areas would be playing with the grown-ups and grown-ups play for keeps.I can confidently state while I can’t tell you what point Americans would take up arms against their own government, I can confidently predict they would happily do so, in great numbers, against any foreign invader on US soil there to disarm them for their own good.It would be open season, year round, on the boys and girls in blue and there’s no bag limit.Americans would make Afghanistan under Soviet occupation seem like a game of elementary school tag compared to what they would do to UN forces on its soil.The UN troops would never make it off their ships or planes more than a mile or two inland. Threats of being posted to a disarmament squad in the United States would have UN replacements wetting their pants in terror and crying to the heavens to wonder what they’ve done to deserve it.I’ll give up my guns to any UN soldier….One bullet at a time.I have a contrary streak a mile wide but I am still a proud American as much as I am a proud Canadian. So I make this promise with absolute truth and sincerity…I will kill any UN trooper sent to my home to disarm me, my family, my friends and my neighbors. I will actively form, arm and train my local militia to combat them at every turn, on every street corner and I will put armed men, women and children behind a rifle from every blade of grass and rock and turn them loose on those blue helmeted bastards.I will put a period between every single pair of white “UN” letters on any blue helmet that I can see.And I will do it until I am out of ammo, out of arms or out of life.There are some lines you do not cross. Long live the Freehold!
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