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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: D. Long who wrote (222309)10/3/2007 7:21:28 PM
From: carranza2  Read Replies (3) | Respond to of 794346
 
I don't read the Prize cases as you do.

My point is that though the Prez has a lot of power in an emergency, war cannot be declared against a State unless that State's sovereignty is implicitly recognized. Period. Full stop.

If a State should declare war against the Union or uses violence against it or otherwise creates an emergency, the President is naturally authorized to use force as he sees fit. Thus, as I read the cases, the shelling of Ft. Sumter gave Lincoln the authority he needed without having to recognize the State as a sovereign entity.

Louisiana has too many good lawyers. We'd advise the State to secede peacefully. No muss, no fuss. What possible 'emergency' can that create which would authorize the use of force? All that would be involved would be the citizenry's peaceful choice to leave the Union.

We get into interesting issues of political philosophy, issues dealing with the reason the Union itself left the English umbrella. Hard to believe that the principles set forth in the Declaration of Independence no longer apply.