From: "William H. Geiger III" <whgiii@amaranth.com>
Date: Wed, 13 Aug 1997 10:48:13 +0800
To: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Subject: Re: A peculiar notion
In-Reply-To: <Pine.SOL.3.95.970812101447.4276G-100000@viper.law.miami.edu>
Message-ID: <199708130240.VAA24024@mailhub.amaranth.com>
MIME-Version: 1.0
Content-Type: text/plain



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In <Pine.SOL.3.95.970812101447.4276G-100000@viper.law.miami.edu>, on
08/12/97 
   at 10:24 AM, "Michael Froomkin - U.Miami School of Law"
<froomkin@law.miami.edu> said:

>It is consistent with the dual sovereignty thesis to say that "what is
>delegated can be withdrawn" but the entity doing the "withdrawing" is the
>people (by some democratic process, presumably, e.g. a new constitutional
> convention), not the states, for it is the people who did the delegation
>in the first place.  

But if the people of a State decide that they nolonger wish to be aligned
with the people of another state and their elected representaves act on
this what right does the people of the other state have in forcing them to
remain aligned.

Your argument seems to make some distinction between the rebel states and
the people they represented. Both were in agrement that the Union should
and must be disolved. A detailed study of the times will show that not
only did the vast majority of the people of the South support this but
that many in the North did also. If anyone was acting against the "will of
the people" it was Lincoln and the power broakers in DC (funny how little
things have changed).

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