Lincoln's first publicly denounced the proposed secession in his first Inaugural Address There where many who had an opinion in regards to secession and many of whom interpreted the Constitution including President Lincoln. President James Buchanan (D, 1857-61) did not take action to stop the states from seceding although he argued that secession was not legal, he also claimed that the federal government did not have the constitutional right to stop the South from doing so.
THE SUCCESSION OF ARTICULATED DURATIONS PRO
The topic of secession was hotly debated by both sides prior to Civil War with some proudly pro Union, some pro secession and some even hovering over middle ground which would include the president in 1860. 700 (1869) that unilateral secession was unconstitutional while commenting that revolution or consent of the states could lead to a successful secession. The United States Supreme Court ruled in Texas v. States, including virtually all modern democracies.Īt the time of the Civil War it was not illegal as the ruling by Supreme Court came later in 1869 (after the war) that unilateral secession was unconstitutional.ĭiscussions and threats of secession have often surfaced in American politics, but only in the case of the Confederate States of America was secession actually declared. This principle isĪccepted as just and upheld by the penal codes of constitutional Pre-existing penal law, nulla poena sine lege. No crime can be committed, nor punishment imposed without a Retrospectively by discretionary departures from established law. Makers to resolve disputes by applying legal rules that have beenĭeclared beforehand, and not to alter the legal situation The principle of legality is the legal ideal that requires all law toīe clear, ascertainable and non-retrospective.
NOTE: The Supreme Court ruling was after the Civil War The United States Supreme Court ruled unilateral secession unconstitutional while commenting that revolution or consent of the states could lead to a successful secession
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