Its not the same world it was in 1860. In this case I believe the Supreme Court would have to now adhere to International Law. It would be very interesting to see how the Supreme Court would rule over a international treaty the United States is obligated to follow, trumping the Constitution. The Charter of the United Nations respects the Right to Self-Determination.

"National aspirations must be respected; people may now be dominated and governed only by their own consent. Self determination is not a mere phrase; it is an imperative principle of action. . . . " Woodrow Wilson- Fourteen Points Speech.

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David Upton