“…the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”
I know you used “if”, but it’s contextually pretty clear that it’s a settled issue for you. I don’t doubt that, historically, it’s a settled issue. And had the CSA prevailed, it would be equally a settled issue in its own jurisdiction, and you’d still be claiming there was no right to secede. But history is not law. Law is the agreed-upon rules of a society, and the States certainly did not agree at any time that there was no right to secede. Rather, the CSA claimed a right to secede, and the North violated that right. Given a President more patient and emotionally secure than Abraham Lincoln, the South may have been able to demonstrate such a right in the Supreme Court, or the North might have shown, by the usual process of legal exegesis, that the South really did have no such right. We didn’t have that conversation. We let our rifles talk for us.
Now, if the issue of “rights” is settled by “might”, it would seem to me that you’re on shaky ground professionally. If “rights” are “whatever the Federal government says they are”, then there’s really no use for a SCOTUS at all, is there? Not that there’s much use anyway, given the number of times y’all have sided in favor of increased state power against the clear meaning of the Constitution. If that’s so, aren’t you perpetrating a fraud by coming to work? You’d always struck me as an honest man.
But worse, you’re on shaky ground personally. After all, hypothetically, any individual might “resolve” the issue of whether any other individual (including but not limited to Antonin Scalia) has the “right” to suck precious oxygen out of the air. The State claims a monopoly on the right to resolve such issues, but it generally uses arcane notions such as “law” and “due process”, instead of just going down an enemies list. If it’s aggression that resolves the issue, there’s no more need for judges, and a helluva need for marksmen. If you really meant what you really said, Tony, I’d best quit voting and use my precious time at the range, because that IS what it comes down to.