Lincoln vs The Declaration and The Constitution

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Johonebesus
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Post by Johonebesus »

Darth Wong wrote: Tricky question. When lunatic militia groups buy up a small plot of land and unilaterally declare secession from the USA in order to disregard its laws (which has happened), do you think they have that right?
There is a significant difference between your example and a constitutionally elected government of a legally recognized state voting to secede.

Please note that there is a difference between what is legal and what is morally right. Legally, there is little question that the states had and should have the right to secede, so Lincoln's acts were illegal. The question as to whether the Southern states were morally right to secede or Lincoln morally right to fight the secession is a separate issue. To me, it seems that Lincoln was both legally and morally wrong to force the Southern states to remain in the Union against their will, but the ending of slavery, whether intentional or not, was probably worth it.
Wicked Pilot wrote:Southerners should praise Lincoln and be greatful the North won the war. Had the South remained independent, it'd be a third world nation by now. Even Texas would have been like 'screw you poons, we're going back to Mexico'.
"Would be"? Have you been to Alabama or Arkansas or South Georgia? In my home town air conditioning is still considered a luxury. As late as the 80's I can remember neighbors who had no electricity or hot water. Unless the slaves rose up and started an age of anarchy, it is hard to imagine that the South would have been any worse off.
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Post by NapoleonGH »

Johonebesus, lincoln's actions were NOT illegal regarldess of the right to seceede, becasue his actions and the US military actions were DEFENCIVE, US military instalations were attacked by confederate troops, they fired the first shot, making it an aggressive war on behalf of the confederacy and a defencive war on behalf of the Union.
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NapoleonGH wrote:Johonebesus, lincoln's actions were NOT illegal regarldess of the right to seceede, becasue his actions and the US military actions were DEFENCIVE, US military instalations were attacked by confederate troops, they fired the first shot, making it an aggressive war on behalf of the confederacy and a defencive war on behalf of the Union.
They fired when Federal forces would not remove themselves from Southern territory because the Federal forces did not recognize the independence of Southern states. It is preposterous to claim that Lincoln's actions were defensive. There was no way that the South was going to aggressively invade the North. The South was fighting a defensive war, not the North. If the U.S. had recognized the C.S.A., there never would have been a war.
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Post by NapoleonGH »

No nation recognized the soveriengity of the southern territories yet, or ever did, they in effect were not a soveriegn nation, due to lack of internationall recognition. PLUS, immediately upon seceeding they siezed several US army depots and bases, which can be seen as an act of war.
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Post by Johonebesus »

NapoleonGH wrote:No nation recognized the soveriengity of the southern territories yet, or ever did, they in effect were not a soveriegn nation, due to lack of internationall recognition. PLUS, immediately upon seceeding they siezed several US army depots and bases, which can be seen as an act of war.
International recognition is not necessary for a state to be sovereign. If North Carolina had a legal right to secede, and Lincoln refused to recognize their secession, does that nullify their lawful action? It seems to me that Lincoln and the Congress illegally refusing to recognize Southern independence was an act of war. If North Carolina had a legal right to independence and that right was not recognized by the U.S., and if the U.S. maintained military bases on N.C. soil, it seems to me that N.C. had every right to seize those installations.

Whether the C.S.A. was recognized immediately or not, it was not in a position to invade the Northern states, made no move to invade the North, did not threaten to invade the North. Therefore, Lincoln's actions were not defensive. He was defending nothing other than his illegal decisions not to recognize the secession of the Southern states and to disband constitutionally elected legislatures and interrupt democratic government to prevent a couple of state from even considering the issue.
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Post by NapoleonGH »

Regardless of whether they invaded the US or not, they stole federal property and attacked federal troops, that is if you dont recognize the legitimacy of the seccessionists, treason, and if you do, an act of war by a soveriegn nation against another one.

Either way the North was responding to violence and illegal acts.
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Post by phongn »

Johonebesus wrote:"Would be"? Have you been to Alabama or Arkansas or South Georgia? In my home town air conditioning is still considered a luxury. As late as the 80's I can remember neighbors who had no electricity or hot water. Unless the slaves rose up and started an age of anarchy, it is hard to imagine that the South would have been any worse off.
The South had virtually no industry to sustain them with - only Big Cotton, and they'd be screwed when the Egyptian fields started producing cotton - with all the ease of transport to Europe that entails.

The North had the heavy industry needed to compete in the industrialized world, the South had plantation-based agriculture.
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Post by SirNitram »

Johonebesus wrote:
NapoleonGH wrote:No nation recognized the soveriengity of the southern territories yet, or ever did, they in effect were not a soveriegn nation, due to lack of internationall recognition. PLUS, immediately upon seceeding they siezed several US army depots and bases, which can be seen as an act of war.
International recognition is not necessary for a state to be sovereign. If North Carolina had a legal right to secede, and Lincoln refused to recognize their secession, does that nullify their lawful action? It seems to me that Lincoln and the Congress illegally refusing to recognize Southern independence was an act of war. If North Carolina had a legal right to independence and that right was not recognized by the U.S., and if the U.S. maintained military bases on N.C. soil, it seems to me that N.C. had every right to seize those installations.

Whether the C.S.A. was recognized immediately or not, it was not in a position to invade the Northern states, made no move to invade the North, did not threaten to invade the North. Therefore, Lincoln's actions were not defensive. He was defending nothing other than his illegal decisions not to recognize the secession of the Southern states and to disband constitutionally elected legislatures and interrupt democratic government to prevent a couple of state from even considering the issue.
Illegal, illegal, illegal. Yet you provide no passage indicating a state can simply pick up it's toys and say 'You guys suck', and leave. Every indication is that such a secession would require Congress' agreement. So, unless you can prove it was illegal, fuck you.
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Post by BlkbrryTheGreat »

Illegal, illegal, illegal. Yet you provide no passage indicating a state can simply pick up it's toys and say 'You guys suck', and leave. Every indication is that such a secession would require Congress' agreement. So, unless you can prove it was illegal, fuck you.
There is no passage in the US Constitution giving Congress the power to determine whether or not a State has the right to seceed. Nor is there a passage that says States may NOT seceed. Furthermore the Constitution states...
Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Therefore, the States and/or The People have the right to determine secession, not the Federal Government. Therefore the action of Lincoln were illegal. [/b]
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Post by Yogi »

RedImperator wrote:I should point out that I feel it's acceptable to call individual Confederate soldiers and officers heroes--they were fighting for what they believed was their liberty and clearly saw themselves as the heirs of Washington, Jefferson, Madison, and the rest of the Founding Fathers, and their suffering was as needless and tragic as those of the Union fallen. In fact, as far as I'm concerned, the planters who created the Confederacy are guilty of their slaughter as well.
Osama bin Ladin's goons beleive that they are fighting for the glory of their people, their homeland, and Allah. Do we consider them tragic victims as well?
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Post by phongn »

SirNitram wrote:Illegal, illegal, illegal. Yet you provide no passage indicating a state can simply pick up it's toys and say 'You guys suck', and leave. Every indication is that such a secession would require Congress' agreement. So, unless you can prove it was illegal, fuck you.
IIRC, Texas actually had the ability to legally secede due to the agreement in which it entered the Union, but was a special case.
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Yogi wrote:Osama bin Ladin's goons beleive that they are fighting for the glory of their people, their homeland, and Allah. Do we consider them tragic victims as well?
There's a difference between putting on a uniform, taking up arms, and engaging your enemy's soldiers on the field of battle in order to defend or capture a legitimate military objective and killing civilians at random for no purpose other than to spread terror. Had the Confederacy's young men resorted to the same tactics used by Al Queda, they would deserve the same scorn we heap on the jihadists. They didn't, so they don't.
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BlkbrryTheGreat wrote:Therefore, the States and/or The People have the right to determine secession, not the Federal Government. Therefore the action of Lincoln were illegal.
In other words, you continue to defend the actions of a slaveholding aristocracy who would have dissolved the United States and demonstrated to the rest of the world that popular democracy is a failure because they were unhappy with the results of a presidential election. I think I speak for most of the rest of the Americans on the board when I say I don't give a good Goddamn whether Lincoln's actions were legal or not--I'm glad he did what he did, and the south's leaders should have been hung for treason.
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Post by NapoleonGH »

RedImperator wrote:
Yogi wrote:Osama bin Ladin's goons beleive that they are fighting for the glory of their people, their homeland, and Allah. Do we consider them tragic victims as well?
There's a difference between putting on a uniform, taking up arms, and engaging your enemy's soldiers on the field of battle in order to defend or capture a legitimate military objective and killing civilians at random for no purpose other than to spread terror. Had the Confederacy's young men resorted to the same tactics used by Al Queda, they would deserve the same scorn we heap on the jihadists. They didn't, so they don't.

umm the south did attack and terrorise civilian populations, what the hell else do you call slavery other than terror at its worst?
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Post by Joe »

Actually, I wouldn't have hung them, I would have just confiscated their property and dished it out to freed slaves (and fuck compensation, they had years to peacefully end slavery and they failed utterly).
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Post by jegs2 »

While I know of at least three of my ancestors who fought for the Confederacy, I'm glad of the outcome.

-- I am an officer in the mighty Imperial Army of the United States, which ruthlessly crushes those who dare oppose us.

-- The Federal Government now reigns supreme, subjecting and/or crushing states' rights beneath its iron heel. Thanks to that power, I have access to nearly any information I want as an Intelligence officer (the War on Terror granting me yet more of that power).

-- The Federal Government has nearly limitless powers of taxation on you civilians, feeding my war machine the money necessary to subjugate all to our will.

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As an aside, it may interest you all to know that the majority of high-ranking US Army officers hail from the South...
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NapoleonGH wrote:umm the south did attack and terrorise civilian populations, what the hell else do you call slavery other than terror at its worst?
Thank you for missing my point. I never excused the southern Confederacy for its crimes--in fact, in my previous post, I blasted Blkberry for attempting to do the same. I said the AVERAGE CONFEDERATE SOLDIER could be called heroic. Coincidentially, the average Confederate soldier didn't own slaves--as a matter of fact, the average Confederate soldier was a poor white farmer struggling to survive competing against planters with massive reserves of free labor.

And just how is owning slaves analogous to terrorism? They're both horrible, but they share NOTHING in common past that. Slavery is an economic system. Terrorism is the random murder of noncombatants for political purposes. Confederate soldiers engaged in none of the latter and very few of them in the former.
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Post by NapoleonGH »

Slavery and terrorism both depend on controling civilian populations through fear.
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Post by RedImperator »

NapoleonGH wrote:Slavery and terrorism both depend on controling civilian populations through fear.
So does the IRS. The methodology and goals of slavery and terrorism are totally different. They aren't comparable in any meaningful way.
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Post by BlkbrryTheGreat »

NapoleonGH wrote:
RedImperator wrote:
Yogi wrote:Osama bin Ladin's goons beleive that they are fighting for the glory of their people, their homeland, and Allah. Do we consider them tragic victims as well?
There's a difference between putting on a uniform, taking up arms, and engaging your enemy's soldiers on the field of battle in order to defend or capture a legitimate military objective and killing civilians at random for no purpose other than to spread terror. Had the Confederacy's young men resorted to the same tactics used by Al Queda, they would deserve the same scorn we heap on the jihadists. They didn't, so they don't.

umm the south did attack and terrorise civilian populations, what the hell else do you call slavery other than terror at its worst?
Actually, the South, and Lee's army in particular, went out of its way to respect the rights of civilians. The North was the army that commited atrocities, many historians think that Sherman was a war criminal who should have been hung.
In other words, you continue to defend the actions of a slaveholding aristocracy
In terms of the right of secession, yes. In terms of slavery, no.
who would have dissolved the United States and demonstrated to the rest of the world that popular democracy is a failure because they were unhappy with the results of a presidential election.
Having two popular democracies, instead of one, does not mean that popular democracy is a failure. Also, your making the underlying causes of secession oversimplified to the point of being dishonest; the South seceeded for many reasons, not simply because Lincoln won the election.
I think I speak for most of the rest of the Americans on the board when I say I don't give a good Goddamn whether Lincoln's actions were legal or not--I'm glad he did what he did, and the south's leaders should have been hung for treason.
Of course, since you've just admitted that you have no understanding or respect for the Constitution.
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Post by Enforcer Talen »

sherman, as far as I know, didnt kill many civilians. he targeted railines and armouries, and some fires did get out of control, but for intentional death, he didnt go for civilian slaughter.

we've really gotten better at it as time goes on.
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Post by Johonebesus »

NapoleonGH wrote:Regardless of whether they invaded the US or not, they stole federal property and attacked federal troops, that is if you dont recognize the legitimacy of the seccessionists, treason, and if you do, an act of war by a soveriegn nation against another one.

Either way the North was responding to violence and illegal acts.
If you don't recognize the legality of secession, then the secession itself was an act of treason and cause enough for war. If you do recognize the legality of secession, then the North's refusal to recognize the states as independent and the refusal to remove or surrender military installations on what was rightfully foreign soil was reasonable cause for war.
phongn wrote:The South had virtually no industry to sustain them with - only Big Cotton, and they'd be screwed when the Egyptian fields started producing cotton - with all the ease of transport to Europe that entails.

The North had the heavy industry needed to compete in the industrialized world, the South had plantation-based agriculture.
That is very true, but the South was so devastated by the War that I do not believe the South would have been any worse off if it had kept its economy intact. One of the reasons "King Cotton" failed was because the Confederacy tried to force the British into the war by withholding cotton, encouraging them to find other sources. If the South had not tried to extort the British, there is no reason to think they would have suddenly abandoned American cotton. Anyway, there is no way to be sure that no industry would have developed in an independent C.S.A. It is doubtful that it would have been as prosperous as the North, but it is not possible to be certain that a destroyed local economy with access to Northern industry would have been better than an intact agrarian economy.
SirNitram wrote:Illegal, illegal, illegal. Yet you provide no passage indicating a state can simply pick up it's toys and say 'You guys suck', and leave. Every indication is that such a secession would require Congress' agreement. So, unless you can prove it was illegal, fuck you.
Well, Blkbrry has already answered to your claim, but since you addressed me so very politely, I feel obliged to respond. There is no indication that the question of secession should have been left to the Congress or that the states did not have the right to unilaterally secede. Given the 10th amendment, I think the burden would be on you to provide these "indications" that the power to remove a state from the Union was reserved to the Congress. You might also want to either refine your rhetorical style or try to stay calm and retain your objectivity.
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Post by NapoleonGH »

umm failure to recognise is not an act of war, if it were, then the US would have been at war with half the world for its first decade, and the CSA would have been at war with every nation on earth for the entirety of their history.

large amounts of US government property were siezed immediately upon the seccession of the states, without a proper request given to washington to have the property handed over or removed from their new territory. stealing the property of a foreign government, is cause for war.
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Post by RedImperator »

BlkbrryTheGreat wrote:
In other words, you continue to defend the actions of a slaveholding aristocracy
In terms of the right of secession, yes. In terms of slavery, no.
It's too bad you can't separate the two in the case of the south then, huh? You can turn all the legal backflips you care to (and despite your assurances, the matter of the legality of seccession is in NO WAY settled by Constitutional scholars), but you can't dodge the fact the people you're defending would have kept millions of people in bondage for decades to come, at least. You're falling all over yourself trying to defend the right to throw a temper tantrum and leave the country when your side loses an election and utterly ignoring the basic human rights of the slaves.
Having two popular democracies, instead of one, does not mean that popular democracy is a failure.
It does when the democracy splits in two over the results of an election. And since the right to secede WAS specifically included in the Confederate constitution, perhaps you'd like to explain to me why it shouldn't be assumed the Confederacy would simply fragment later as it tried to industrialize and the same pressures which had split the United States developed, which would be even more damning for Federalism and democracy.
Also, your making the underlying causes of secession oversimplified to the point of being dishonest; the South seceeded for many reasons, not simply because Lincoln won the election.
So why is it that seccession conventions were being called DAYS after Lincoln won? I've read the literature from the time, as apparently you have not, and the seccessionists weren't having cool, rational discussions about tariff policy or the extention of slavery into the territories. They went into a full, uncontrolled panic on Lincoln's election and refused to hear any compromise, including one (signed by Lincoln) which would have amended the Constitution to protect slavery in the United States forever. They were convinced Lincoln would be nominated in March and their wives and daughters would be submitting to huge black bucks by April. This is doubly stupid because the Democratic Party would have still controlled both houses of Congress had the South not left, and Dred Scott erased any doubts in the public mind where the Taney Supreme Court stood in the sectional fight.

Yeah, there were lots of issues why they left, but you can't seriously suggest they would have had Breckenridge, Douglass, or even Bell been elected in 1860. The catalyst for the Confederacy, and the entire civil war, was the election of Lincoln and the South's refusal to accept the results of a system which they'd been perfectly satisfied with when it had given them near-total control over the Federal government despite the demographic gap between them and the North. For ten years the South dominated national politics, and when they lost ONE branch of the Federal government, they ran away screaming Lincoln was going to incite a slave revolt. Deal with it.
Of course, since you've just admitted that you have no understanding or respect for the Constitution.
Go fuck yourself in the ass with a rake. You've already demonstrated you have no comprehension of political science outside of what you read on militia websites, or else you would have recognized that when a democracy disintegrates because one side refuses to accept the results of a national election, it repudiates democracy and places its survival in jeopardy. I'm one of the most vocal libertarians on this board, but I understand that the Constitution is worthless if it's not a binding pact. You're so worried about black helicopters that you'll merrily construct a wank fantasy about the noble Confederacy, bastion of civil rights, and the evil dictator Lincoln and pretend Constitutional freedoms would survive for more than a few decades if states could leave anytime they felt like it.
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Post by BlkbrryTheGreat »

It's too bad you can't separate the two in the case of the south then, huh?
Your pulling this from where? Oh thats right, your ass. Not only are secession and slavery substancially different issues, but Lincoln himself said that the purpose of the war was not to free the slaves and that he would gladly leave them in chains to perserve the Union.
You can turn all the legal backflips you care to (and despite your assurances, the matter of the legality of seccession is in NO WAY settled by Constitutional scholars
Appeal to authority. I've stated why the States and the People retain the right of secession and provided evidence to support that position. Either state why the Union is indissovlable, and provide evidence that this is the case, or shut the fuck up.
but you can't dodge the fact the people you're defending would have kept millions of people in bondage for decades to come, at least.
A fact, which if happened, would have been irrelevant to the fact that Lincoln violated the Constitution and the Rights of Citizens, in the NORTH as well as the South. Regardless, secession and slavery are different issues; that the South kept blacks enslaved is irrelevant when one considers the Right of secession; more so when you factor in that slavery was still instituted in the North during the entire course of the war. I'm not stating that slavery is right, I'm merely defedning the right of secession.
You're falling all over yourself trying to defend the right to throw a temper tantrum and leave the country when your side loses an election and utterly ignoring the basic human rights of the slaves.
I've never maintained that the South was right to leave the Union, I'm merely defending the position that they had the right to do so. Nor have I defended the South on the issue of slavery. Now how about coming forth with some well supported arguments instead of continuously misrepresenting my position?
Having two popular democracies, instead of one, does not mean that popular democracy is a failure.

It does when the democracy splits in two over the results of an election.


Can you say victory by defination? The splitting of a democracy does not mean that democracy itself is a failure. If anything, the use of force by the North would indicate that popular democracy was a failure; the North was unwilling to stand by and let the South take the course dictated by its "popular democracy". The North forced the South to stay at the point of a bayonet.
And since the right to secede WAS specifically included in the Confederate constitution, perhaps you'd like to explain to me why it shouldn't be assumed the Confederacy would simply fragment later as it tried to industrialize
Once again, your stating that the division of a Democracy means that its a failure; a position that you have not provided any evidence for.
So why is it that seccession conventions were being called DAYS after Lincoln won?
Probably because Lincoln was part of a party that was in the pocket of Northern Industrialists and ran on a platform of higher tariffs with benefits towards special interests in the North? Lincoln himself was a lifelong Whig and a supporter of the "American system" which called for exactly that.
I've read the literature from the time, as apparently you have not, and the seccessionists weren't having cool, rational discussions about tariff policy or the extention of slavery into the territories. They went into a full, uncontrolled panic on Lincoln's election and refused to hear any compromise, including one (signed by Lincoln) which would have amended the Constitution to protect slavery in the United States forever.
All of which is irrelevant to whether or not the South actually had the Right to seceed.
They were convinced Lincoln would be nominated in March and their wives and daughters would be submitting to huge black bucks by April.
Such a widespread mentality obviously explains why the "border States" (including North Carolina) did not seceed until May of 1861. :roll:
Yeah, there were lots of issues why they left, but you can't seriously suggest they would have had Breckenridge, Douglass, or even Bell been elected in 1860. The catalyst for the Confederacy, and the entire civil war, was the election of Lincoln and the South's refusal to accept the results of a system which they'd been perfectly satisfied with when it had given them near-total control over the Federal government despite the demographic gap between them and the North. For ten years the South dominated national politics, and when they lost ONE branch of the Federal government, they ran away screaming Lincoln was going to incite a slave revolt. Deal with it.
All of which is irrelevant to whether or not they actually had the right to seceed. Furthermore, your've once again misrepresented my position; I've not once claimed that the South actually had a good motivation to seceed.
Go fuck yourself in the ass with a rake. You've already demonstrated you have no comprehension of political science outside of what you read on militia websites, or else you would have recognized that when a democracy disintegrates because one side refuses to accept the results of a national election, it repudiates democracy and places its survival in jeopardy.


Blah, blah, blah, misrepresent my position, blah, blah, blah. I've never said that the South was right to leave because it lost an election, I've merely defended the right of secession. Since your obviously haven't grasped it, my position is that best justification for seceesion is a long chain of abuses, such as the ones listed in the Declaration of Independece. That the South thought that such a chain of abuses was present; they had the right to seceed.
I'm one of the most vocal libertarians on this board, but I understand that the Constitution is worthless if it's not a binding pact.
The Constitution is even more worthless if the Chief executive can violate it at his own whim.
You're so worried about black helicopters that you'll merrily construct a wank fantasy about the noble Confederacy, bastion of civil rights
I've never done any such thing. Please provide proof that I think that the Confederacy was a "bastion of civil rights". Hell, provide proof that I'm even "worried" about black helicoptors. Thats right, you can't because you good at nothing but distorting my position and smearing me in your bullshit.
evil dictator Lincoln
I've never said he was "evil". I do maintain that he was a dicatator that violated the Constitution.
pretend Constitutional freedoms would survive for more than a few decades if states could leave anytime they felt like it.
Constitutional freedoms survived for nearly 100 years before any States actually seceeded. During this entire time period secession was considered a right of the States and the People.
Devolution is quite as natural as evolution, and may be just as pleasing, or even a good deal more pleasing, to God. If the average man is made in God's image, then a man such as Beethoven or Aristotle is plainly superior to God, and so God may be jealous of him, and eager to see his superiority perish with his bodily frame.

-H.L. Mencken
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