moda0306 wrote:
hpowders,
I don't really know what you're trying to imply. Perhaps a bit more clarity would help.
RuralEngineer,
I have a couple problems with that perspective. First, the attitude that Lincoln was a tyrant against peaceful Secessionists ignores that individual rights come far before states rights. States of the South were the true tyrants, IMO. Just because a government is smaller in size doesn't mean it's less coercive or tyrranical. The Confederate government even drafted southerners into the war, even further effectively exercizing "big government" tyranny over individual rights.
Second, other than slavery or secession, what other rights was Lincoln's government usurping? It seems to me the only thing the South really cared about was slavery, and that, along with Secession, were the main things Lincoln disagreed with as state's rights. Further, I have trouble seeing Secession as an "efficient" check on tyrannical government, mostly because it was the states, not the federal government, exercising what I deem to be the most brutal tyranny, and apparently saw little-if-no end to their practice. This continued through the Jim Crow days in the South, where it was the state and local governments, some literally sponsoring terrorism, that were limiting the freedoms of their citizens, in an obvious case of tyranny of the majority.
I tend to think that Teddy Roosevelt (as the main republican) and a bunch of other 20th century democrats (Woodrow Wilson & FDR) tend to be the main expanders of federal powers into new areas. However, the states of the South didn't seem to mind then (they were solidly in favor of those latter presidents), so even then, would Secession been a good tool to limit federal powers? I guess I don't think so.
So I guess I don't even see "state's rights" as an efficient mechanism to limit tyranny, in many ways. In fact, it perpetuated quite possibly the worst form of tyranny imaginable... that of classifying a human being as property, with no rights whatsoever. Sovereignty is individual at it its most pure level. Governments of any size can violate them. It would appear to me that the general rule that the federal government is markably worse than state and local governments at usurping individual rights is a lot more flawed than the founding fathers may have realized.
Lots of points to address in this post. I'll try to list them in order.
1. You assert that individual rights come before State's rights. However, at the time of the Civil War, slaves had no rights. They were property. Abraham Lincoln didn't even free the slaves in the Union and in fact, there were slave states that fought for the North. This invalidates your entire point since it doesn't matter how immoral the South was, the point of contention wasn't illegal at all. The North invaded the South to forcefully keep them in the Union. You can look at this through the lens of modern morality, but that doesn't give moral weight to actions taken 150 years ago.
2. You mention that the more brutal tyranny was Southern slavery, and I agree. However, what your argument really appears to be is that the ends justify the means. Your argument is easily applied to justify indefinite detention in the NDAA, the targeted killing of American citizens without trial (Awlaki), or any number of other morally tenuous actions taken by the Federal Government today. These types of actions always seem to be viewed and inspected in a vacuum, forever forgetting that scope creep is inevitable. The Civil War didn't just lead to the abolition of slavery, it permanently made the States ultimately subservient to the Federal Government with NO recourse by removing secession as the final measure of protest.
3. Your argument that secession is not efficient strikes me as particularly weak. Is slavery the only issue of contention between the Federal and State governments? The Civil War didn't end secession as a means of protesting or protecting slavery, it removed secession as a check against Federal power for any reason. An unjust foreign war, unfair taxation, abuse of public land, or even an intolerable exercising of eminent domain are all examples of issues that have now been relegated to pure majority rule at the whim of the Federal Government. Thanks to our wonderful Supreme Court, the Federal Government now has the ability to attempt to influence your behavior through punitive taxation. The only way fight that now is a constitutional amendment. I don't see ANY amendment being ratified by the required number of states. Without secession the line is drawn at simply hoping that your congressional representatives are persuasive enough to sway a majority opinion in Congress, and that the President does not block your efforts. Today we also have to contend with Presidential fiat, to which there is increasingly no recourse. Secession is an extremely effective check against the Federal government because it completely removes Federal authority, forcing compromise. The fact that secession is harmful for both parties is further evidence of how effective it is. It may not put all of the power in the hands of the individual, but it ensures that power is more concentrated with the people than a vast overarching central government does. "When governments fear the people, there is liberty. When the people fear the government, there is tyranny." ~ Thomas Jefferson
4. State's rights were never meant to be a mechanism to combat ALL tyranny. It's simply a meant to protect against the tyranny of an ever growing Federal government. The only true defense against tyranny from all sources is the Bill of Rights and the laws we build into our constitutions to ensure we are not trampled. Just because States rights has not always functioned morally and effectively doesn't mean that it should be abolished.
5. Finally, using the fact that the defense of State's rights and the geographic bastions of small government proponents has not always been consistent as a reason to abandon States rights is incredibly foolish. Human beings are inconsistent. The very fact that some of the inalienable rights outlined by the Constitution are no longer valued by large portions of our population is a testament to that fact. That doesn't mean that those ideas are less valuable because people have held them inconsistently.