“The ratification of the Constitution was an action undertaken by all of the states which joined the union and adopted the Constitution, and that was a contract between them and among them—that they would abide by the results of the elections conducted under the rules of the Constitution, and that they could not act independently of the other states with which they had jointly and severally agreed and contracted to be governed by.”

—  Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

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Harry V. Jaffa 171
American historian and collegiate professor 1918–2015

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Harry V. Jaffa photo

“Now, the issue of the Civil War as Lincoln presented it, in both his inaugural address on March 4th, and in the message to Congress in Special Session on July 4th, four months later, was in essence this. In ratifying the Constitution, each state had committed itself to accepting the results of elections conducted under the rules of the Constitution. The election of 1860 had been conducted under the rules of the Constitution. If there were any violations of those rules, it was by the Southern states in refusing to allow Republican electors on the ballot. But there was nothing that the Republican Party had done. There was nothing in the electoral procedures of the free states, or, for that matter, of the slave states with this exception which justified anyone in saying that the results of this election were not Constitutional results.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Alexander H. Stephens photo

“That as the admission of States by Congress under the constitution was an act of legislation, and in the nature of a contract or compact between the States admitted and the others admitting, why should not this contract or compact be regarded as of like character with all other civil contracts liable to be rescinded by mutual agreement of both parties? The seceding States have rescinded it on their part, they have resumed their sovereignty. Why cannot the whole question be settled, if the north desire peace, simply by the Congress, in both branches, with the concurrence of the President, giving their consent to the separation, and a recognition of our independence?”

Alexander H. Stephens (1812–1883) Vice President of the Confederate States (in office from 1861 to 1865)

The Cornerstone Speech (1861)

Abraham Lincoln photo

“This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State — to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the "United Colonies" were declared to be "free and independent States;" but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterwards abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of "State rights," asserting a claim of power to lawfully destroy the Union itself? Much is said about the "sovereignty" of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What is a "sovereignty" in the political sense of the term? Would it be far wrong to define it "a political community without a political superior"? Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, nevertheless dependent upon and preparatory to coming into the Union.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Fourth of July Address to Congress (1861)

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“If a minority, losing an election, can break up the government rather than accept the results of the election, free government is impossible. If the only alternatives to rule by a Constitutional majority, I say, Constitutional majority, a majority formed under the rules of the Constitution with minority rights secured. There were no examples of the Republicans doing anything to prevent the opposition from having freedom of speech, freedom of press, freedom of association. There was a great deal of interference with those rights in the Southern states. But they lost the election according to their own rights. And Lincoln said that if people can break up the government rather than accept the results of a fairly conducted election, then the only alternatives are anarchy or tyranny. What is to prevent, he said, anyone of the states seceding from any future union?”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Harry V. Jaffa photo

“But all those same resolutions said that, in the Declaration of the Union, the internal police of each colony should be recognized as binding. In other words, the origins of American dual federalism are to be found in the resolutions of the revolutionary assemblies authorizing the Continental Congress to declare independence. They declared independence and union together, and there was never any time in which any state acted on the international sphere, having diplomatic relations—and the Constitution itself forbids each state to have any diplomatic action. They could not act independently of the other states in the international arena.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Harry V. Jaffa photo

“So that was the basic issue. Once the ballots had been decided, Lincoln said the only recourse must be through future elections in which the minority can try to become the majority; but there can be no right to reject the results of an election conducted under the rules of the Constitution.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

Calvin Coolidge photo

“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

Alexander Hamilton photo

“The President, and government, will only control the militia when a part of them is in the actual service of the federal government, else, they are independent and not under the command of the president or the government. The states would control the militia, only when called out into the service of the state, and then the governor would be commander in chief where enumerated in the respective state constitution.”

Alexander Hamilton Federalist Papers

No. 69
The Federalist Papers (1787–1788)

Edmund Burke photo

“The several species of government vie with each other in the absurdity of their constitutions, and the oppression which they make their subjects endure. Take them under what form you please, they are in effect but a despotism”

Edmund Burke book A Vindication of Natural Society

A Vindication of Natural Society (1756)
Context: The several species of government vie with each other in the absurdity of their constitutions, and the oppression which they make their subjects endure. Take them under what form you please, they are in effect but a despotism, and they fall, both in effect and appearance too, after a very short period, into that cruel and detestable species of tyranny; which I rather call it, because we have been educated under another form, than that this is of worse consequences to mankind. For the free governments, for the point of their space, and the moment of their duration, have felt more confusion, and committed more flagrant acts of tyranny, than the most perfect despotic governments which we have ever known. Turn your eye next to the labyrinth of the law, and the iniquity conceived in its intricate recesses. Consider the ravages committed in the bowels of all commonwealths by ambition, by avarice, envy, fraud, open injustice, and pretended friendship; vices which could draw little support from a state of nature, but which blossom and flourish in the rankness of political society. Revolve our whole discourse; add to it all those reflections which your own good understanding shall suggest, and make a strenuous effort beyond the reach of vulgar philosophy, to confess that the cause of artificial society is more defenceless even than that of artificial religion; that it is as derogatory from the honour of the Creator, as subversive of human reason, and productive of infinitely more mischief to the human race.

St. George Tucker photo

“It will be remembered, that the object of the several states in the adoption of that instrument, was not the establishment of a general consolidated government, which should swallow up the state sovereignties, and annihilate their several jurisdictions, and powers, as states; but a federal government, with powers limited to certain determinate objects; viz. their intercourse and concerns with foreign nations; and with each other, as separate and independent states; and, as members of the same confederacy: leaving the administration of their internal, and domestic concerns, to the absolute and uncontrolable jurisdiction of the states, respectively; except in one or two particular instances, specified, and enumerated in the constitution.”

St. George Tucker (1752–1827) Bermudan lawyer and judge

https://books.google.com/books?id=NTQ0AQAAMAAJ&pg=RA1-PA412 Page 412
Blackstone’s Commentaries (1803)

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