On this day in 1918, President Woodrow Wilson set sail for the treaty talks at Versailles making him the first United States president to visit foreign shores while in office.
On this day in 1980, Led Zeppelin officially broke up following the death of legendary drummer John Bonham.
The topic of the Civil War and some of the issues surrounding that conflict have arisen on this website on a couple different occasions, but I don’t believe we’ve ever hashed out whether the states possess the right to secede.
I think it can be surmised from my earlier argument (the breach of contract discussion) that I believe that state’s do possess the right to secede. It is inherent in the nature of contract that, the parties may withdraw from the compact upon a showing of breach or by mutual consent. The text of the Declaration of Independence argues strongly in favor of the idea that states possess the right to withdraw from their voluntary compacts with the federal government.
Of course, my argument was that the South did not have cause to withdraw and that it was, in fact, the South that breached its obligations under the contract. However, had the federal government breached, I believe a state would be jusitified in unilaterally declaring rescission as the remedy. Loss of an election in itself would not provide cause. But, as we have seen from the Declaration and subsequent Revolution, if one party to the contract fundamentally changes the terms, that can provide cause. The lesson, of course, is that it is incumbent upon the national government to act with restraint and within the confines of the Constitution in order to preserve the Union. Acting beyond the sanction of the Constitution would provide a state with a claim of breach and would provide cause for separation.
Some might argue that the moment for restraint has long passed and that the contract on which this Union is premised has been irredeemibly breached. I think there is still an opportunity for reform so long as the parties remain in parity. But, that only makes the call for reform all the more urgent. I have argued that it appears that the necessary reform can only come from the formation of a third party. Neither of the current major parties appear to have the ability to exercise restraint, to honor individual freedom, or to respect the sovereignty of the states.
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