Friday, November 2, 2012
As the attorney and legal scholar, James Ostrowski commented…for Lincoln's actions and his creative interpretation of the Constitution to have actually been legal, the Constitution would have had to state that:
1) No state may ever secede from the Union for any reason.
2) If any State attempts to secede, the Federal Government shall invade such State with sufficient military force to suppress the attempted secession.
3) The federal government may coerce all states to provide militias to suppress the seceding state.
4) After suppressing said secession, the Federal Government shall rule said State by martial law until such time as said State shall accept permanent federal supremacy.
5) After suppressing said secession, the Federal Government shall force said State to ratify a new constitutional amendment which gives the Federal Government the right to police the states whenever it believes those states are violating the rights of their citizens.
6) The President may, of his own authority, suspend the operation of the Bill of Rights and the writ of habeas corpus, in a seceding or loyal state, if in his sole judgment such is necessary to preserve the Union.
Of course, if the Constitution actually said this, it would never have been approved by the legislatures of the sovereign States.
For further evidence by a Constitutional scholar see Andrew Napolitano’s video on youtube “Abraham Lincoln Tyrant”