But it's also useful in thinking about the Civil War, and its causes. Usually we talk about the South's motivation for seceding, because it's been so intentionally obscured and lied about. They did it to preserve chattel slavery, period.
But why did Lincoln fight them?
He himself said, famously, that it was to "save the Union." "If I could save the Union without freeing any slave, I would do it; and if I could save it by freeing all the slaves, I would do it; and if I could do it by freeing some and leaving others alone, I would also do that."
But... why save it? Was just he trying to preserve a single government ruling from Maine to Florida and west to Texas? Because that's somehow better than two? Was it a legal argument -- if you join this club, you're not allowed to quit?
He did explain it, though, in the Gettysburg Address: "[So] that government of the people, by the people, for the people, shall not perish from the earth." But how, exactly was "government of/by/for the people" preserved by killing enough Confederates until they gave up?
Because of the immediate cause of the Southern secession: the results of the 1860 election. The Democratic party split its vote between two candidates, so the new Republican Party -- the first anti-slavery party in the US -- won the White House. Fair and square.
And in reaction -- before Lincoln even took office! -- the South moved to secede. They lost, but did not consent to the loss. And that refusal to consent was in and of itself a fatal threat to democracy, and if it had succeeded, in law or in fact, it would have ended it.
If the South had won, not only would slavery have continued, but the principle would have been established: those with power will always reserve the right to retain their power if they prefer. And as we know from all of human history to that point: they always prefer.
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Sen. Tillis made a point I often do: that every dictator in the modern world ran a country with a Bill of a Rights.
It’s true! Among those countries: the Soviet Union, Communist China.
Then he said the difference between them and the US was “we have a Constitution.”
Um, no.
1st of all the Bill of Rights IS the Constitution. First ten amendments thereto, in fact.
2nd, those countries also had Constitutions, which their leaders also ignored. It’s all just paper.
So what’s the real difference between them and us? I could go on about this — and do!— but it boils down to: in this country we’ve always* had the willing consent of the losers.
ACB believes that the right to an abortion is not guaranteed in the Constitution. (She hasn't said that in so many words, but the people who support her seem sure about that.)
Okay, but what does the Constitution allow?
Would it allow the government to ban all abortions under any circumstances? If not, which circumstances are allowed? (She's said that it shouldn't be allowed for sex selection or for certain birth defects like Downs Syndrome.) But how about an non-viable pregnancy? Rape?
If a woman seeks out an illegal abortion and is caught, can the state imprison her until the baby is brought to term? Can they then take the baby away from the mother, on the grounds she tried to kill it? The Constitution remains silent.
If you haven't read it, the @nytimes did a superb investigation of the killing of Breonna Taylor, and all the terrible turns of luck and judgement that led to it. nytimes.com/2020/08/30/us/…
They've also presented their investigation as a TV documentary, below, and two episodes of "The Daily" podcast.
The NYTimes correspondent who led the investigation is now questioning the Attorney General about an important fact: did the police announce their presence?
In 1966 Bill was a law student who was working part time at the local TV station in Topeka as a night and weekend anchor. On this particular night, he was alone in the studio when the phone rang. It was the station's correspondent in the newfangled "radio car."
"There's a huge tornado bearing down on the city," said the reporter.
"Are you sure?" said Bill. "There's nothing on the wires."
"I CAN SEE IT!" shouted the reporter. "It's right in front of me!"
The US Constitution has been rewritten constantly, almost since its ratification. Eg: Chief Justice John Marshall decided in 1803 that the Constitution allowed SCOTUS to strike down legislation if "unconstitutional." That's a rewrite.
The Redemption Era courts rewrote the 14th Amendment to guarantee only the right to contract. Later courts rewrote the Commerce Clause to expand the power of the Federal Government, or wrote in a right to privacy, or marriage equality.
But it's not just courts. Multiple Congresses essentially erased Congress's sole power to declare war, by ceding the power to the Executive. The current Senate, incl. Ms Blackburn, wrote out the power of the purse when they let Trump fund his wall over Congressional opposition.
In response to my earlier post about my education in re: the military, David Finkel — author of the essential “The Good Soldiers” and “Thank You For Your Service” — sent me something he posted yesterday to his private FB. With his permission: