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Mattwall1 June 12th, 2014 1:05pm

Is the existence of the state of West Virginia unconstitutional?

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Maynard Londor
06/12/14 7:29 pm

I guess I don't know enough about West Virginian history enough, to understand why this question is being asked.

NDAmerican Florida
06/12/14 10:07 am

*cough* uh yep :)

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jackietheman Just Stop...
06/12/14 10:18 am

Shhh! Don't tell anyone!

Zod Above Pugetropolis
06/12/14 8:08 am

I think it was legit. Once the states seceded, even if for administrative purposes we assert they can't, for practical purposes they have. I sure wouldn't hold up a vote waiting on them.

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Mattwall1
06/12/14 8:31 am

Inter arma enim silent leges?

jackietheman Just Stop...
06/12/14 9:10 am

Matt. I don't know that much Latin.

Mattwall1
06/12/14 9:33 am

For among [times of] arms, the laws fall mute,"

jackietheman Just Stop...
06/12/14 10:17 am

Yup. Sounds right for the Civil War

CodySTL Southern Illinois
06/12/14 6:31 am

Yes, it was. But in that time period, the Constitution was already being ignored in so many other ways, so this is just one instance of many.

Mattwall1
06/12/14 6:33 am

Just so we are on the same page, which ways was it being violated? (I'm not saying there weren't violations-there were. I'm trying to make sure if I'm missing any)

CodySTL Southern Illinois
06/12/14 6:41 am

Suspension of habeas corpus & thousands imprisoned without trial, deportation of Clement Valladigham, execution of 39 Sioux Indians, censorship & closure of dissenting newspapers, imprisonment of the MD legislature...

Mattwall1
06/12/14 6:43 am

I'm not aware of the background that led to the execution of the Sioux Indians in question, so if you could explain why that was unconstitutional, please do. However, look again at the entirely of the habeas corpus clause.

CodySTL Southern Illinois
06/12/14 6:44 am

Restrictions on the 2A, censorship of telegraphs, federal takeover of the railroads. And if you believe in the right to secession, the Civil War was the biggest violation of all.

Mattwall1
06/12/14 6:45 am

We probably do disagree on the issue of secession being constitutional

CodySTL Southern Illinois
06/12/14 6:48 am

The Indians sold their land to the Feds, who never paid up. They never left their land and some rebelled. Lincoln sent the army to put down the rebellion. 300 Sioux were set to be executed, but 39 were. They never had a fair trial.

Mattwall1
06/12/14 6:09 am

New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the

Mattwall1
06/12/14 6:09 am

Consent of the Legislatures of the States concerned as well as of the Congress.

Article Four, Clause 1, United States Constitution

rons Thanks America
06/12/14 6:07 am

Good question! They left the south to join the north I thought.

Mattwall1
06/12/14 6:11 am

They did. The issue is since the north did not officially recognize the legitimacy of the secession, wouldn't that mean that officially, Virginia be never left the union, therefore despite the circumstances, talking off some of its land for a new

Mattwall1
06/12/14 6:12 am

State without its legislatures approvals violated the first clause of the fourth article of the constitution. It's ultimately not with changing at this point, but I figured I'd ask it