-----BEGIN PGP SIGNED MESSAGE----- In <Pine.SOL.3.95.970812101447.4276G-100000@viper.law.miami.edu>, on 08/12/97 at 10:24 AM, "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu> said:
It is consistent with the dual sovereignty thesis to say that "what is delegated can be withdrawn" but the entity doing the "withdrawing" is the people (by some democratic process, presumably, e.g. a new constitutional convention), not the states, for it is the people who did the delegation in the first place.
But if the people of a State decide that they nolonger wish to be aligned with the people of another state and their elected representaves act on this what right does the people of the other state have in forcing them to remain aligned. Your argument seems to make some distinction between the rebel states and the people they represented. Both were in agrement that the Union should and must be disolved. A detailed study of the times will show that not only did the vast majority of the people of the South support this but that many in the North did also. If anyone was acting against the "will of the people" it was Lincoln and the power broakers in DC (funny how little things have changed). - -- - --------------------------------------------------------------- William H. Geiger III http://www.amaranth.com/~whgiii Geiger Consulting Cooking With Warp 4.0 Author of E-Secure - PGP Front End for MR/2 Ice PGP & MR/2 the only way for secure e-mail. OS/2 PGP 2.6.3a at: http://www.amaranth.com/~whgiii/pgpmr2.html - --------------------------------------------------------------- -----BEGIN PGP SIGNATURE----- Version: 2.6.3a Charset: cp850 Comment: Registered_User_E-Secure_v1.1b1_ES000000 iQCVAwUBM/EQeI9Co1n+aLhhAQG7dwQAioxxnXsn33yzgVR7lg66uc+erIvrgPCn gTSdyqDwvL57caBulfMzey+uHk1fEdb/fVu4+Utny6uxCJsg/vR6IVimAMWhfAjV EHpuWaT7Wnf1uNk0ledjBMf3eJ15melPiutW6UPVm7LJv4z8yze4HgY07KQTS9bB h4UE5SBMi8w= =58X6 -----END PGP SIGNATURE-----