From: "Strong, Lee" <StrongL at MTMC.ARMY.MIL> To: "'WSFA members'" <WSFAlist at keithlynch.net> Subject: [WSFA] The Constitution and the Citizen Date: Tue, 9 Apr 2002 08:44:22 -0400 Reply-To: WSFA members <WSFAlist at keithlynch.net> Ron, Agree with most of your comments. An unchecked Federal Government would be a powerful, oppressive and repugnant tyranny, and I work to prevent that. I therefore support states' rights and other legitimate checks on the central state. However, the claimed right of unilateral secession is not a legitimate application of states' rights under our Constitution. As you said, the supremacy clause is a linchpin of our system of government. Ironicaly, the Confederate Experiment weakened states' rights and strengthened the Federal Government beyond anything envisioned by the original Confederates. I believe that the freedom of association belongs to individuals and groups, not the states. Canada has a different constitution. Realistically, I believe that the best defense of freedom against an overweening Federal Government is the Constitution itself and the things that it provides or assumes, including a well informed citizenry that possesses its rights by nature but uses those rights thoughtfully and responsibly. This is why I harp on the meaning of the document itself. Ted White is the real expert on the Shaver Mystery rather than I. He actually lived thru the experience and had direct contact with Shaverians while I merely learned of it later as part of my general interest in fringe beliefs. And, yes, there are a number of people who believe that Sherlock Holmes was real and go looking for the famous address. In addition, many fans of Holmesian literature claim (as a shared joke) that the Great Detective and Dr. Watson were actual people and that Arthur Conan Doyle was merely the Literary Agent for the latter. Delightful fun. Your friend and fellow citizen, Lee -----Original Message----- From: ronkean at juno.com [mailto:ronkean at juno.com] Sent: Tuesday, April 09, 2002 12:03 AM To: WSFAlist at keithlynch.net Subject: [WSFA] Re: Colonial History On Mon, 8 Apr 2002 10:43:59 -0400 "Strong, Lee" <StrongL at MTMC.ARMY.MIL> writes: > Ron, Again, negative on this one. There is no right of > unilateral secession in the Constitution and therefore the Tenth Amendment does > not reserve such a hypothetical right to the states. The Federal > Government is not and never has been purely an agent of the states, but shares > sovereignty with them. > I am planning to acquire a copy of Mr. diLorenzo's book to > understand his argument better but my initial impression is that > his thesis is a tissue of falsehoods and slanders constructed by one sided > citation of unrepresentative opinions. Rather like the Shaver Mystery and > similar pseudo-science. B-| > I remain your friend, Lee I find the right of secession for states appealing based on the principle of freedom of association, and the notion that secession, or mere threat of secession, can be a tool to advance freedom in the face of tyranny. Secession was the mechanism by which the Soviet Union was brought down - one by one, states seceded from the Union, until none were left. I think the supremacy clause in the Constitution supports your contention that the federal government is not merely an agent of the states, so on that constitutional ground you may carry the day. But many see unchecked federal supremacy as quite dangerous. It is important to keep the federal government within the bounds of the limited powers prescribed in the Constitution. If the federal government were to persist in violating its own Constitution, then that might be construed as an abrogation of the Constitutional contract, opening the door to secession being arguably legal, given those conditions, based on a legal principle which transcends the Constitution - the principle that a party to a contract is released from the contract if the contract is abrogated by the other party. The U.S. Constitution, as I see it, exists in a context of law which transcends the Constitution. That idea is alluded to by the Ninth and Tenth Amendments. The Maryland Constitution, which was rewritten in 1867 and includes an acknowledgement of federal supremacy, yet explicitly states that the inhabitants of Maryland are entitled to the Common Law of England, and that the people have the right to alter the form of government, or even to abolish it entirely. I observe that in Canada, the controversy about the possible secession of Quebec turns on whether Quebec _should_ secede, and if so, under what terms, and not on whether Quebec has the _right_ to secede. ... I had never heard of the Shaver Mystery, so I looked it up. It seems some people have an amazing capacity for confusing fantasy with reality. I think there have been cases of people seeking to consult with Sherlock Holmes, and I wonder how much foot traffic they get at 221b Baker Street in London, looking for Sherlock Holmes. A mapquest search provides a map and directions for 221b Baker Street London, EN NW1 5, GB and there is a website http://221bakerstreet.org/ Ron Kean