![]() The 1869 ruling would be law after 1869 (until a new ruling is made) but not representative of law prior to 1869. This ruling would not be until legislature was reviewed (Texas v. So, as you can see, in 1861 no law existed in terms of prohibiting secession just multiple interpretations of the constitution none of which were interpretations from the Supreme Court in the sense that a ruling was made. Indeed, after Fort Sumter was attacked and Lincoln declared a formal State of Insurrection, four more states-Virginia, North Carolina, Tennessee and Arkansas-seceded from the Union and joined the Confederacy.Īfter the Confederate states began to leave the Union, Lincoln had an even greater need to prove secession was Unconstitutional and strong incentive to make his views against secession known to the American people in order to secure their support for the onerous war which was made necessary by his opposition to secession. However, the speech also did not impress other states who were considering secession from the Union. 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 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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