USA: Was succession ever made formally illegal?

  • We have updated our Community Code of Conduct. Please read through the new rules for the forum that are an integral part of Paradox Interactive’s User Agreement.
Showing developer posts only. Show all posts in this thread.

King

Part Time Game Designer
11 Badges
Dec 7, 2001
12.504
30
47
  • Crusader Kings II
  • Deus Vult
  • Europa Universalis III
  • Europa Universalis: Rome
  • Sengoku
  • Victoria 2
  • 500k Club
  • Crusader Kings II: Holy Knight (pre-order)
  • Europa Universalis III: Collection
  • Hearts of Iron II: Beta
  • Victoria 2 Beta
Well surely the ACW showed that de Facto Sucession was not an absolute right. It showed that either:

a) There is no right of sucession
b) There is no right of sucession when you don;t like the election result
c) There is no right of sucession without the agreement of the federal government
d) There is no right of sucession when you seize federal government property
 

King

Part Time Game Designer
11 Badges
Dec 7, 2001
12.504
30
47
  • Crusader Kings II
  • Deus Vult
  • Europa Universalis III
  • Europa Universalis: Rome
  • Sengoku
  • Victoria 2
  • 500k Club
  • Crusader Kings II: Holy Knight (pre-order)
  • Europa Universalis III: Collection
  • Hearts of Iron II: Beta
  • Victoria 2 Beta
Hannibal Barca said:
lincolns legal posistion was no secesion existed, or could exist in law, because no state had ever been sov,at any time in its history, the Union as a contract gave sov to the states, sov had never been with the seperate states, the only way out of the Union was by revolution, otherwise thats it in law as he argued it.

Since he said the Union was a perpetual contract, no secession was possible, because the partys (ie the states) to the Union had no sov, it made it unlawfull to leave, he recognised a right of revolution and thats all, he said the AoC and the Constituition, and SCOTUS rullings were all irrellevant, not of any of it mattered in law as sov never rested with the people or the states seperatly, all the court rullings were irrelavent because of a basic asumption over where sov was, and was a wrong asumption, this had created a century of states as minoritys having more influence over the federal government, and was what was wrong with the political system, he said vote for me and i will change it by making it as it should have been, the will of the magoirity is supreme in a democracy.

So lincoln legal posistion was A. he freely admitted that people understood that the AoC and Constition and Scotus all pointed out that as not so, he simply disagreed, and run for pres on the grounds if im right vote for me and i will take it you agree with me and i will act in acordance with this understanding of an error in our history and stop it, i will not recognise the supremacy of the states over the federal government.

HB


Certainally that was the stance he took. However he only actually acted after Sumter was bombarded. So de Jure (or however the hell you spell it) he said succession was illegal period. However de Facto he seemed to take the stance that as long the rebellous states continued to act as states in the union he was happy to treat them as such.
 

King

Part Time Game Designer
11 Badges
Dec 7, 2001
12.504
30
47
  • Crusader Kings II
  • Deus Vult
  • Europa Universalis III
  • Europa Universalis: Rome
  • Sengoku
  • Victoria 2
  • 500k Club
  • Crusader Kings II: Holy Knight (pre-order)
  • Europa Universalis III: Collection
  • Hearts of Iron II: Beta
  • Victoria 2 Beta
Hannibal Barca said:
Note thats when he acted, he as leader of rhe Republican party ran for and on the priciple that states rights did not exist. Yes as long as they paid taxes to the federal gov he was not going to use coercion.

HB

Indeed, but in a legal system based on precident, isn't how the law is enforced, more important than how the law is worded?