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Re: Chase on Chase
In Response To: Chase on Chase ()

"Chase on Chase" LOL!

Yes, we debated Texas vs White many moons ago.

And to make a long story short this is my memory and my thoughts on the case. First of all it was moot.

1. As it was pointed out, the case was well after the war, and not directly pointed at the Confederate Government or Secession. The court decided to direct the case, in a round about way, to cover secession.

2. The stunning part about the ruling as it based it's ideas of secession on a dead law, "The Articles of Confederation". Because this law stated that the union was perpetual the court concluded that the United States Constitution, in able to make a more perfect union, was a more perfect perpetual union. I compare using the old Articles of Confederation to rule on U.S. Constitutional Law to using the Magna Carter to figure out next years taxes.

3. The court ruled 5 to 3..."The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States."...a bit of a loop hole.

4. These judges should have recused themselves from the case once it's subject matter covered secession...since they were all presidential appointees and contributed to the war by validating Lincoln's decisions to go war, especially Chase.

Chief Justice Chase
Justice Swayne
Justice Miller
Justice Davis
Justice Field

4. Since nobody has challenged this ruling as of yet it would be interesting to see if this Supreme Court decision would be overruled by Subsequent Decision.

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David Upton

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