OK....well argued and stated and a nice analogy by the way. Nits to pick.........SherwoodForest wrote:It occurs to me that marital harmony is akin to political harmony. It is more often than not the simple recognition of the separation/divorce option , and the spectre of domestic destruction that invariably follows that holds most marital unions together.
If one member of the marital union increasingly becomes oppressive of the other in violation of a contract that expressly, and quite specificly defines individual boundaries of each - the subject of divorce will eventually be addressed.
A contract is executed through the mutually affirmed consent of the parties. That contract determines the legal rights, prerogatives, and remedies available - or not available - in the event of nonperformance or malfeasance on the part of the parties to the contractual agreement.
The U.S. Constitution forbids the states from entering into separate alliances with one another such as the Confederate States of America, but it does not forbid the states from secession. Secession amounts to separation for the purpose of independence. The only recourse to prevent secession by a state is by force of arms, and there is no provision in the U.S. Constitution for the use of force to prevent secession - only to suppress rebellion WITHIN the union. Secession by definition is a condition WITHOUT the union.
The expectation implicit within the Constitution of these United States is that adherence to its provisions is absolutely essential to the preservation of the very union established by those provisions.
"THESE United States" is a term which—not coincidentally—finally fell out of favor at the end of the Civil War. The nation has been referred to by most people within and without government as 'THE United States ever since, as well as before (see below). Words have meaning in the context of conversation and for communicative purposes, but they may not have the same meaning in the courtroom or Congress. Often the change in usage over time is reflective of social trends and nothing more. "Gay" no longer means "gay." Instead, it means "gay"........if you catch my drift. "High" and "stoned" no longer mean the same thing they did 235 years ago. But in the case of "these" versus "the," it reflects two completely different views of the meaning of the Union. The former implies a loosely bonded alliance of sovereign nation states for common purposes.....which was pretty close to the truth in 1776. The latter implies a top-down federation of provinces with no autonomy, which for better or for worse, is the de-facto current state of affairs in the United States of America. It is no longer these United States of America......if indeed it ever was, which can be legitimately questioned. If you look at our diplomatic efforts in foreign courts immediately post Revolutionary War, in both our own diplomatic communications to foreign governments, and those of foreign nations to our own, those communications referred to our nation as THE United States of America. Diplomacy being what it is, words are always chosen very carefully. There is always the risk of offending a whole other nation by not showing it a proper respect of naming conventions. Therefore, it is no accident that these communications refer to our nation as "The United States of America" as opposed to "These United States of America." I'm not saying I like it, but the fact is that the Federalists won that discussion almost from the outset. I am happy to talk about what is, and about what should be. But I'm not as much interested in talking about what isn't and then saying that it is.
The Constitution may allow a state the right to secede peacefully, but given a government that uses the Constitution for toilet paper every day and twice on Sundays, does anybody think for one minute that this government would not use violence to prevent a secession if it could ......or at least, attempt to use violence to prevent it?