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Secession!

PotomacBob ๐Ÿšซ

In this fictional story, a fictional character named Ernest Edwards asserts that there is a legal way for a U.S. state to secede.
The process to secede, the fictional Ernest says, would be to have the vote by county, and "to allow the people in a state to opt out of secession if they wish."
He further asserts,"the original acceptance of the US Constitution was voted on by each county, and that provides a precedence of using a county as the level at which a secession can be made."
I plead guilty to the charge of being an American who learned about the U.S. Constitution in American schools. And I guess I was absent the day they taught that it was counties (instead of state legislatures), that ratified the Constitution.
Is the fictional Ernest right?

Dominions Son ๐Ÿšซ
Updated:

@PotomacBob

And I guess I was absent the day they taught that it was counties (instead of state legislatures), that ratified the Constitution.

Is the fictional Ernest right?

Actually, you are both wrong.

https://www.ushistory.org/US/16c.asp

The ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people.

Replies:   PotomacBob
PotomacBob ๐Ÿšซ

@Dominions Son

For the record, I'd like to acknowledge that Dominions Son got it right (and I got it wrong) about the ratification process for the Constitution. State conventions did the ratifying. There was not a vote by the people, nor by counties, in the ratification process.

Dominions Son
12/19/2020, 6:18:26 PM
Updated: 12/19/2020, 6:20:27 PM

@PotomacBob

And I guess I was absent the day they taught that it was counties (instead of state legislatures), that ratified the Constitution.

Is the fictional Ernest right?

Actually, you are both wrong.

https://www.ushistory.org/US/16c.asp

The ratification process started when the Congress turned the Constitution over to the state legislatures for consideration through specially elected state conventions of the people.

Replies:   bk69
bk69 ๐Ÿšซ

@PotomacBob

So... since I'm a little hazy on that particular issue, who elected representatives to the state conventions?

Dominions Son ๐Ÿšซ

@bk69

So... since I'm a little hazy on that particular issue, who elected representatives to the state conventions?

I rather doubt that there was a uniform process across all the states for selecting members of the ratifying convention.

You'd have to check the historical records of each individual state convention.

Dominions Son ๐Ÿšซ

@bk69

So... since I'm a little hazy on that particular issue, who elected representatives to the state conventions?

The information is hardly complete, but this should give you someplace to start if you are really interested.

https://teachingamericanhistory.org/resources/ratification/stageone/

Replies:   bk69
bk69 ๐Ÿšซ

@Dominions Son

Interesting. Found a few things I hadn't seen before.

richardshagrin ๐Ÿšซ
Updated:

@PotomacBob

fictional character named Ernest Edwards

Not entirely fictional. He used to be an author and had stories posted to SOL. An Australian also named Ernest took over his stories. His last name indicates how scarce water can be there, he has to buy water.

Remus2 ๐Ÿšซ

Bob,

You've a number of post and threads that appear to be fishing for a specific set of answers to questions you don't want to ask outright.

1. Yes, the potential and environment for a civil war is present.
2. Secession of one or more states is a possibility, however remote.

You can blow sand up someone else's arse, as for me, the plausible deniability tact you've been taking is getting old.

Ernest Bywater ๐Ÿšซ

@PotomacBob

I guess I was absent the day they taught that it was counties (instead of state legislatures), that ratified the Constitution.

The state legislatures did the formal ratification. However, according to the reports and records of the time the state legislature bodies were to put the proposed constitution to the people to be voted on as a convention of some sort. It was left up to the state legislatures how they organised the conventions. From the documents I saw back when I first researched the US Constitution some states had votes where each county selected a representative to a state convention with instructions on how the county wanted them to votes while other states had a simple vote of the citizens conducted and since such voting was done and tabulated at the county level, that's what happened. I had tons of links and copied documents on this from the basic research done back in 2005, but that data was all destroyed by the gestapo in 2019 after they held it locked up for 4.5 years.

So both are correct. The formal approval was by the state legislature after the citizens voted on the issue - that's why is starts with 'We the citizens ...' and not 'We the states of ...' as the prior documents did.

To get extremely technical a secession vote would be done by every citizen at the citizen level. However, for the purposes of the story I selected the county as it's the smallest political entity within the USA, as I said in the story.

Dominions Son ๐Ÿšซ

@Ernest Bywater

The state legislatures did the formal ratification. However, according to the reports and records of the time the state legislature bodies were to put the proposed constitution to the people to be voted on as a convention of some sort.

You are incorrect. The formal act of ratification of the constitution was given to the state conventions. The only role of the state legislatures was in organizing the conventions for their states.

Dominions Son ๐Ÿšซ

@Ernest Bywater

The formal approval was by the state legislature after the citizens voted on the issue - that's why is starts with 'We the citizens ...'

If you are referring to the US constitution, it does not start with "We the citizens..." it starts with "We the people...".

https://constitutioncenter.org/interactive-constitution/full-text

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

You can't even get something that simple and easy to verify right.

Dominions Son ๐Ÿšซ

@Ernest Bywater

So both are correct. The formal approval was by the state legislature after the citizens voted on the issue

There was never a vote of all the citizens. They used representative conventions, just like the one used to write the constitution.

ystokes ๐Ÿšซ

@Ernest Bywater

So both are correct. The formal approval was by the state legislature after the citizens voted on the issue - that's why is starts with 'We the citizens ...' and not 'We the states of ...' as the prior documents did.

Can you please define just who these "Citizens" were.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@ystokes

Can you please define just who these "Citizens" were.

Of course he can't, since that's not actually what the US Constitution says.

Replies:   ystokes
ystokes ๐Ÿšซ

@Dominions Son

Of course he can't, since that's not actually what the US Constitution says.

I could have used the word "People" also. My point would be that many of the "People" would not have been allowed to vote anyway.

Ernest Bywater ๐Ÿšซ

@PotomacBob

a fictional character named Ernest Edwards

FYI, when I first posted the Clan Amir series I did so under the pen-name of Ernest Edwards as the publisher who first posted the stories wanted them to have a different name to Ernest Bywater so people wouldn't associate the Clan Amir stories with Ed's New life. I chose Ernest Edwards as a pen-name back then as my full name is Ernest Edward Bywater. I now have everything under my name.

And while on the subject, I used to co-write stories with a cousin who wrote under the pen-name Cazna Rochester, he has since stopped writing, but did ask me to revise the stories and recognize my part in them by adding my name as an author to them. He wrote the sex scenes and I wrote the action scenes, and set out the plot line. Initially I didn't put my name to them for family reason due to the content of some of the stories. Later I no longer cared about that aspect as the legal concern they related to had expired.

Mushroom ๐Ÿšซ

@PotomacBob

The process to secede, the fictional Ernest says, would be to have the vote by county, and "to allow the people in a state to opt out of secession if they wish."
He further asserts,"the original acceptance of the US Constitution was voted on by each county, and that provides a precedence of using a county as the level at which a secession can be made."

In a story, you can basically do whatever you want. But your concept in reality would just not work. For example, I vote to not secede, but the state does anyways. Does this mean I can ignore the new government? Or that I am dragged along kicking and screaming, if I want to or not?

And no, the reason secession is not allowed goes back even further. To the original Government actually.

Our first Government was under the "Articles of Confederation and Perpetual Union". And yes, that is the full name. And it states quite clearly in the opening:

The Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual.

And it must be noted, legally, that this original document has never been "superseded" or abolished. Technically, the Constitution is the document that followed, and was from the start primarily a clarification of the original.

But the original is still in effect. Nowhere has it ever been abolished, suspended, or withdrawn. And this is not even a new claim, many in the 1860's brought up this exact same argument. Which is proven as nowhere in the Constitution was there ever a framework for a state once admitted to leave.

That is quite literally the "point of no return". Which is why you have territories. They can choose to leave. But once one becomes a state, that's it.

Replies:   REP
REP ๐Ÿšซ

@Mushroom

But once one becomes a state, that's it.

Nowhere has it ever been abolished, suspended, or withdrawn.

I have to disagree with your opinion. In the first quoted statement, you said there was no option open to the states regarding succession. Your second quoted statement is true, but that doesn't mean the "Articles of Confederation and Perpetual Union" cannot be abolished, suspended, or withdrawn. That is an option open to the states. The question in my mind is, can a single state withdraw from those articles?

Replies:   Mushroom
Mushroom ๐Ÿšซ

@REP

but that doesn't mean the "Articles of Confederation and Perpetual Union" cannot be abolished, suspended, or withdrawn

Which has never been done, and will never be done. The odds of that happening are about as likely as us having a Second Constitutional Convention.

And sure, there could always be an amendment to allow secession. Once again, what are the odds of that ever passing? Somewhere between "none" and "not a fucking chance in hell".

The Amendment Process was made as rough and tedious as it was for a reason. To prevent the kind of nonsense of having crazy things tacked onto it in the first place to make it unworkable. Things like the Third and Eighteenth Amendments.

The Third simply should never have been put into the Constitution in the first place. It has never been the basis of a case before the Supreme Court, and has not been used in a legal case in almost 40 years.

The Eighteenth was the kind of thing however that the process was supposed to eliminate in the first place. Preventing the nation from getting a "wild hair" up it's ass and deciding to force something Constitutionally that should have been handled in other ways.

The thing I love about the supporters of the Civil War is that they live in a state of perpetual denial.

Dominions Son ๐Ÿšซ

@Mushroom

The Third simply should never have been put into the Constitution in the first place. It has never been the basis of a case before the Supreme Court, and has not been used in a legal case in almost 40 years.

This is not true. There was an unsuccessful case in 2013.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/23/federal-court-rejects-third-amendment-claim-against-police-officers/

Back in 2013, a lot of attention focused on a Third Amendment claim against Henderson, Nevada police officers. I wrote about the case here. The Third Amendment, which forbids the "quartering" of "soldiers" in private homes without the owner's consent, is often the butt of jokes because it is so rarely litigated. But in this case, a Nevada family claimed that local police had violated the Amendment by forcibly occupying their home in order to gain a "tactical advantage" against suspected criminals in the neighboring house.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

This is not true. There was an unsuccessful case in 2013.

Gee, an article I have to pay to read. However, I am actually familiar with it.

And the court did not even hear the case, they outright rejected it. The difference here is that there was not even really a "decision" made, because the lawsuit was just garbage.

In the earlier one, there was a decision actually made, then an appeal was made and the Amendment was stated as the reason for the first decision being overthrown.

Of course, that one actually involved the New York National Guard. The case you are bringing up involved law enforcement. Which are not military in the first place.

A lot more than this, where they threw it out. It did not even make it to trial, the court simply said "Nope, does not apply".

Dominions Son ๐Ÿšซ

@Mushroom

The thing I love about the supporters of the Civil War is that they live in a state of perpetual denial.

Which supporters of the Civil War? The ones who think it was justified to preserve the Union or the ones who wish the Confederacy had won?

Replies:   richardshagrin
richardshagrin ๐Ÿšซ
Updated:

@Dominions Son

Which supporters of the Civil War?

In the South it isn't "the Civil War". Its the "War of Northern Aggression."

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@richardshagrin

In the South it isn't "the Civil War". Its the "War of Northern Aggression."

They lost, they don't get to control what it's called.

Replies:   bk69
bk69 ๐Ÿšซ

@Dominions Son

No, actually 'revisionist history' is all about rewriting what, traditionally, was written by the winners.
For example, if you looked at the history of Canada now, you'd be reasonable believing the French won, but let the english have the parts they didn't want.

bk69 ๐Ÿšซ

@Mushroom

It has never been the basis of a case before the Supreme Court, and has not been used in a legal case in almost 40 years.

So, the fact that congress at least seemed to take that amendment seriously enough not to violate it means it shouldn't have been included? (I suspect it was probably violated numerous times immediately following the conquest of the Confederacy, but there'd have been little chance of any court case originating with southern appellants reaching SCOTUS.)

happytechguy15 ๐Ÿšซ

I've read "Secession!" (Enjoyed it, thank you Ernest!). Has anyone heard of "Move Oregon's Border"?
https://www.opb.org/news/article/move-oregon-border-greater-idaho-petition/
(I have always lived in Indiana USA.)
If successful, I think it will have an effect on the residents of each county.
However I also think it will have no effect on national electoral college tallies.

Dominions Son ๐Ÿšซ
Updated:

@happytechguy15

If successful, I think it will have an effect on the residents of each county.

The odds of it being successful are somewhere in the vicinity of 0.000000.

For that to happen it would need the approval of the US Congress, the Oregon state legislature and the Idaho state legislature. Good luck with that.

Mushroom ๐Ÿšซ

@happytechguy15

Has anyone heard of "Move Oregon's Border"?

(I have always lived in Indiana USA.)
If successful, I think it will have an effect on the residents of each county.
However I also think it will have no effect on national electoral college tallies.

There are many such movements. However, at this time the Appellate and Circuit Courts have set a bar that makes such movements pretty much doomed.

About 20 years ago, the people that lived in the San Fernando Valley wanted to secede from the city of Los Angeles and create their own city. And ultimately, the decision was passed down that they could, but only if a vote was held in the entire city, and in addition to the majority in the new city wanting to leave, they also had to get the majority of those living in the rest of the city to agree also.

Guess how well that vote went? The Valley voted to leave, the City voted that they had to stay, so they stay. And any future movements like the State of Jefferson will likely have to follow the same rules. Not only have the majority of the new state want to leave, but getting the majority of their current state to let them go.

So technically, the same thing could happen Nationally. But guess what the chance of that ever happening are? Once again, none and never.

The only case of that happening in the US was West Virginia. Which was only allowed because there was a Civil War on, and it was an action by a group to rejoin the Union by a state in rebellion. It was a War Act as much as anything else.

And why a few years ago when California threatened to leave, a great many in the Northern part of the state egged them on and supported it. They knew that if California tried that, they could immediately follow the example of West Virginia.

And as at that point technically California would not be considering itself part of the US, it would be their kind of insanity to see them trying to scream to the US Supreme Court that they should not be allowed to leave their new "Country".

Dominions Son ๐Ÿšซ

@Mushroom

And any future movements like the State of Jefferson will likely have to follow the same rules.

No, efforts to secede from a state will take a very different path. There is actually something in the US constitution for this.

It would not go to a vote of the people. It would require approval from the US Congress and the state legislature of the state losing territory.

US Constitution Article IV Section 3:
https://constitutioncenter.org/interactive-constitution/article/article-iv

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

That said, I agree with you that it's not going to happen.

Replies:   Mushroom  Not_a_ID
Mushroom ๐Ÿšซ

@Dominions Son

No, efforts to secede from a state will take a very different path. There is actually something in the US constitution for this.

It would not go to a vote of the people. It would require approval from the US Congress and the state legislature of the state losing territory.

Which is exactly what the courts decided in the San Fernando Valley case. That the people in the entire area in question, as well as those in the area they are trying to remove themselves from.

There have been decades of attempts by cities-counties-states, and the result has pretty much been universal failure. Because quite often, there is at least something in the area that wants to pull away that the majority want to keep control of. For San Fernando, it was the main access for water and power for the rest of the city. Same with many of the Jefferson proposals. That region of California controls a lot of the water and power for the rest of the state.

And they will never agree to allow another entity to appear that has control over those resources. There has been a long growing divide in the state for decades over water already.

Dominions Son ๐Ÿšซ

@Mushroom

Which is exactly what the courts decided in the San Fernando Valley case. That the people in the entire area in question, as well as those in the area they are trying to remove themselves from.

An equivalent to what's in the US constitution would be to put it to the municipal government counsel of the city they are trying to leave and the state legislature, not a vote of the people in the whole city.

ystokes ๐Ÿšซ

@Mushroom

Which is exactly what the courts decided in the San Fernando Valley case.

what court case are you talking about?

Uther_Pendragon ๐Ÿšซ

@Mushroom

Every boundary line within a state is a matter of state law.
There have been a great many divisions and mergings of municipalities. Generally, states require both municipalities to agree, but I have read of municipalities seceding without the larger municipality agreeing.
States splitting the early USA. Kentucky was once a single county of Virginia, and Maine was part of Massachusetts.
There once was a city which spanned the IL-IN border.
NYC is still IIRC, legally called, "Th City of Greater New York. The boroughs are coterminous with counties -- most habe the same names, but Manhattan Borough is New York County.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Uther_Pendragon

but I have read of municipalities seceding without the larger municipality agreeing.

The opposite is out there too.

Wisconsin used to, I think they changed this, large municipalities (cities) to forcibly annex territory from smaller surrounding municipalities.

Not_a_ID ๐Ÿšซ
Updated:

@Dominions Son

That said, I agree with you that it's not going to happen.

It did happen once before however. Actually it technically happened a few times depending on how you consider the land west of Appalachia.

The State of Maine became the State of Maine as a consequence of the Missouri compromise as the abolitionists needed a new non-slave-holding state to offset the introduction of slave-holding state of Missouri. Massachusetts gave up its claim on Maine in order to provide that state.

In the present day, with Puerto Rico looking to join as a State, it may end up with the compromise being that a new state is created from within the borders of a state(or combination of states) to offset the likely political leanings of Puerto Rico.

A not quite directly comparable thing happened with Alaska and Hawaii. Neither one could join until the other was ready to join because the Democrats didn't want to admit Hawaii because it was controlled by Republicans at the time, and the Republicans didn't want to admit Alaska because it was controlled by Democrats. But admitting both of them at once? As they cancelled each other out, that was found to be acceptable.

Although more likely at this stage is probably Texas petitioning to be split off into three parts, with Austin and it's Liberal Bubble being one state, and the other two parts of Texas being created to offset the change. If another entity outside Texas gets involved (like say, Washington DC or Puerto Rico) then increase the piece count by one or two to further the offset.

bk69 ๐Ÿšซ

@Not_a_ID

Although more likely at this stage is probably Texas petitioning to be split off into three parts, with Austin and it's Liberal Bubble being one state, and the other two parts of Texas being created to offset the change. If another entity outside Texas gets involved (like say, Washington DC or Puerto Rico) then increase the piece count by one or two to further the offset.

Texas can unilaterally do that, actually. I believe it was allowed to become up to five separate states, as part of the deal made when joining.

Replies:   StarFleet Carl
StarFleet Carl ๐Ÿšซ

@bk69

Texas can unilaterally do that, actually. I believe it was allowed to become up to five separate states, as part of the deal made when joining.

While the Constitution of the US says no (and was written prior to Texas being admitted) - Texas was admitted with the provision in the Congressional Resolution that :

Third โ€“ New States of convenient size not exceeding four in number, in addition to said State of Texas and having sufficient population, may, hereafter by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such states as may be formed out of the territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri Compromise Line, shall be admitted into the Union, with or without slavery, as the people of each State, asking admission shall desire; and in such State or States as shall be formed out of said territory, north of said Missouri Compromise Line, slavery, or involuntary servitude (except for crime) shall be prohibited.

Texas does NOT have the right to unilaterally secede from the United States, which is the common myth. They almost did this (split up) once, but the Texas legislature didn't follow through with it.

Replies:   bk69
bk69 ๐Ÿšซ

@StarFleet Carl

Five separate states. Not a separate country.

Dominions Son ๐Ÿšซ

@Not_a_ID

It did happen once before however. Actually it technically happened a few times depending on how you consider the land west of Appalachia.

Sure when politicking around admission of a new state from completely new territory, that happens.

Simply letting several counties secede from one state and either join another or form their own state because they are politically at odds with the rest of the state, never going to happen.

Uther Pendragon ๐Ÿšซ

@Not_a_ID

The State of Maine became the State of Maine as a consequence of the Missouri compromise as the abolitionists needed a new non-slave-holding state to offset the introduction of slave-holding state of Missouri. Massachusetts gave up its claim on Maine in order to provide that state.

MY Read9ng - and I don't have any more references than you do, is that Maine's separation was already voted on by the MA legislature. The Missouri compromise almost took too long to work out, since the legislative permission came with a deadline.

A not quite directly comparable thing happened with Alaska and Hawaii. Neither one could join until the other was ready to join because the Democrats didn't want to admit Hawaii because it was controlled by Republicans at the time, and the Republicans didn't want to admit Alaska because it was controlled by Democrats. But admitting both of them at once? As they cancelled each other out, that was found to be acceptable.

1959, but not quite simultaneously.
AK - Jan. 3
HW Aug. 21

Ernest Bywater ๐Ÿšซ

@Mushroom

About 20 years ago, the people that lived in the San Fernando Valley wanted to secede from the city of Los Angeles and create their own city.

I've not checked the state laws involved in years. However, California laws used to allow the state legislature to issue a notice of incorporation for a new city. Once they did that the new incorporated area would not be subject to the previous county or city management. If those laws still apply in California then all they need is to convince the state legislature to incorporate a significantly sized urban area where it contacts with LA and the city as well as what's beyond it would cease being part of LA. While it's a possible answer I doubt it would happen.

I also suspect that if two state legislatures wanted to adjust state borders and they agreed it would probably get approved by Congress.

In most states the state legislature also have the power to adjust country / parish borders when they wish to.

StarFleet Carl ๐Ÿšซ

@happytechguy15

I have always lived in Indiana USA.

There's absolutely nothing wrong with Indiana that can't be solved by simply sawing off Lake County.

Let it secede and become a part of Illinois, and then let everything in Illinois south of I-74 secede and become part of Indiana. That's a win-win for both sides.

ystokes ๐Ÿšซ

When ever someone says the civil war wasn't about slavery but States rights I just ask what was the most important right they wanted to keep.

Replies:   Dominions Son  bk69
Dominions Son ๐Ÿšซ

@ystokes

The best answer there is to tell them to go read the official statements by official representatives of the seceding states and officials of the new Confederate government. All mention slavery as the principle issue at stake.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

The best answer there is to tell them to go read the official statements by official representatives of the seceding states and officials of the new Confederate government. All mention slavery as the principle issue at stake.

Heck, tell them to just read the Confederate Constitution. I can pretty much guarantee most have never done that. In fact, it is rather strange.

For example, if the President or Vice President do not achieve a majority, the House of Representatives decide who won. That is even more insane than the system we use now.

And Article I Section 9 expressly states the following:

No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

Now a great deal of their Constitution covers slavery. But this is interesting, because it prohibits even the attempt to pass a law to prohibit slavery Unconstitutional.

So quite literally, even attempting to create and Amendment on a future date to abolish it is in itself illegal. They literally created quite purposefully and intentionally a logic trap to prevent slavery from ever being ended. Even if at some future date it was decided it was no longer needed.

So anybody that claims it was not about slavery is an idiot. Or a liar.

Replies:   Remus2  StarFleet Carl
Remus2 ๐Ÿšซ

@Mushroom

So anybody that claims it was not about slavery is an idiot. Or a liar.

It was certainly part of it, but not the whole reason in and of itself.
I am neither a liar or an idiot, though anyone who claims it was a singular reason is in fact full of shit.

Replies:   Mushroom  Dominions Son
Mushroom ๐Ÿšซ

@Remus2

It was certainly part of it, but not the whole reason in and of itself.

The very Constitution says otherwise.

Replies:   Remus2
Remus2 ๐Ÿšซ

@Mushroom

https://www.history.com/topics/american-civil-war/american-civil-war-history

https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/civil-war-economic-causes-issue

That's just two links. Any student of history, or even barfly with a penchant for trivia, can figure out slavery was 'not' the only reason.

Dominions Son ๐Ÿšซ

@Remus2

It was certainly part of it, but not the whole reason in and of itself.

Slavery was at least 80% of it.

Replies:   Remus2
Remus2 ๐Ÿšซ
Updated:

@Dominions Son

I think maybe 40% if that. All of which is a moot point.

The agrarian south verses the industrial north was another 40%. If in 1850 slavery went away in its entirety, the civil war would have still happened.

Historically, slavery (as an institution) dies with the advent of technology that makes that technology more cost effective than the slave labor it replaced. Slavery would not have lasted more than another 2-3 decades, if that as a result.

Sounds cold, but that's the facts.

Every race on the planet has had their turn as a slave at one point in history or another. Even to this day slaves by the hundreds of thousands still exist. The people raising hell about historical slavery are almost uniformly hypocritical. If they actually cared, they'd be moving heaven and earth to help end modern human trafficking.

Replies:   Mushroom
Mushroom ๐Ÿšซ
Updated:

@Remus2

The agrarian south verses the industrial north was another 40%. If in 1850 slavery went away in its entirety, the civil war would have still happened.

Historically, slavery (as an institution) dies with the advent of technology that makes that technology more cost effective than the slave labor it replaced. Slavery would not have lasted more than another 2-3 decades, if that as a result.

Not true, in fact it was already dying in the early 1800's. And at that time the agriculture of the South was much more diverse. But it was the advent of technology that turned the region to slavery like never before, and also changed it to a single crop economy.

The Cotton Gin.

Prior to that, cotton was not all that profitable compared to food. The South Carolina economy until the early 19th century was mostly based on a single crop, rice. That is because removing the seeds was labor intensive, and actually cheaper to pay people low wages to do it.

But a slave with a cotton gin could process huge amounts of cotton, and that transformed their economy. They suddenly had a really profitable export crop. And the demand for slaves surged.

But no, slavery was 80% of the cause. Technology actually makes slavery more lucrative, because they can then produce even more products with the same amount of effort. Instead of plowing 3 acres per day with a single blade plow, a slave could plow 9 acres per day with a disk plow. And 20 acres per day with early tractors.

The country then had far more land than it could use. And you have the problem of the workers costing more than you can get out of them by hand. Give them more productive tools, and they make their owners even more, and they had room to grow.

The problem with that automation claim has largely been dismissed, as there are still an estimated 40 million slaves in the world today. More than 14 times the number in the US in 1860.

And we have even more advanced technology today than we did 170 years ago. So the claim that technology is completely wrong. If anything, the reverse is true.

Replies:   Not_a_ID  Remus2  Remus2  bk69
Not_a_ID ๐Ÿšซ

@Mushroom

But no, slavery was 80% of the cause. Technology actually makes slavery more lucrative, because they can then produce even more products with the same amount of effort. Instead of plowing 3 acres per day with a single blade plow, a slave could plow 9 acres per day with a disk plow. And 20 acres per day with early tractors.

And you're going to put a slave that you've grossly mistreated in control of several tons of self-propelled iron with implements attached that could do all kinds of damage to your plantation if they're so inclined?

Nothing bad could conceivably come of that.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Not_a_ID

And you're going to put a slave that you've grossly mistreated in control of several tons of self-propelled iron with implements attached that could do all kinds of damage to your plantation if they're so inclined?

Most slaves were not "grossly mistreated". That is largely abolitionist fantasy.

Did it happen, of course it did. But they were also valuable property, with a value that was on the increase by the time of the Civil War. Most slaves were a small family grouping of 2-5 slaves that worked on a small farm.

And there have been a great many comparisons of slave quarters and "company housing" of the era, and typically the slave quarters were better. And most were allowed things like private gardens and communal plots to grow their own food, in addition to hunting and fishing.

Do not mistake this for being an "apologist", but most slaves were not much different in standard of living and abuse than a typical feudal serf.

Abusing a slave simply makes no sense however. And we also can see in what happened after the war was over how that was. A great many did indeed migrate to other areas of the country. But many more continued to live and work on the same farms, as their former masters were not cruel people, and saw no reason to stop working for them even when free.

Remus2 ๐Ÿšซ

@Mushroom

Technology actually makes slavery more lucrative,

You really are stretching with that spaghetti logic. Let's simplify it.

1 slave cost a notional 500 up front. Add food and other required elements at a cost of another 10 per day.
1 machine cost 2,000 up front. Add maintenance at a cost of 2 per day.

Work them 365 days at an average of 12 hours per day (sun up to sun down 365). The machine can perform 4x the work of the slave with 1/10th the down time of the slave.

Once you do that math, it becomes crystal clear that slavery doesn't work in a technological society. The north advanced technologically at a much faster pace than the south. Therein is why the northern states began banning slavery earlier than the south by far.

That same advancement set up social, economic, and legal stresses between the north and the South. Enough so that war was inevitable with or without slavery.

Technology does not make slavery more lucrative.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Remus2

You really are stretching with that spaghetti logic. Let's simplify it.

Technology does not make slavery more lucrative.

You are trying to argue against history here.

The cotton gin freed slaves from the arthritic labor of separating seeds from the lint by hand. At the same time, the dramatically lowered cost of producing cotton fiber, the corresponding increase in the amount of cotton fabric demanded by textile mills, and the increasing prevalence of large-scale plantation agriculture resulted in a dramatic increase in the demand for more slaves to work those plantations. Overall, the slave population in the South grew from 700,000 before Whitney's patent to more than three million in 1850

https://teachinghistory.org/history-content/ask-a-historian/24411

The invention of the cotton gin forever altered the economy, geography, and politics of the United States. The cotton gin made cotton tremendously profitable, which encouraged westward migration to new areas of the US South to grow more cotton. The number of enslaved people rose with the increase in cotton production, from 700,000 in 1790 to over three million by 1850.

https://dp.la/primary-source-sets/cotton-gin-and-the-expansion-of-slavery

Before the cotton gin, slavery had been on its way outโ€”farmers realized it was more expensive to maintain slaves, compared to the value of what they could produce. Cotton was a troublesome crop anyway; its fiber could only be separated from the sticky, embedded seeds by hand, a grueling and exhausting process.

This changed dramatically, of course, with the advent of the cotton gin. Suddenly cotton became a lucrative crop and a major export for the South. However, because of this increased demand, many more slaves were needed to grow cotton and harvest the fields. Slave ownership became a fiery national issue and eventually led to the Civil War.

https://www.asme.org/topics-resources/content/how-the-cotton-gin-started-the-civil-war

I can provide a slew of other references, they are remarkably easy to find. Now care to give a reference showing that slavery was decreasing because of technology?

And as I stated already, our technology has advanced even more in the past 160 years. Yet, strange that we have more slaves today than we did 160 years ago. That alone kind of proves your assumption is wrong.

Replies:   Remus2
Remus2 ๐Ÿšซ
Updated:

@Mushroom

And as I stated already, our technology has advanced even more in the past 160 years. Yet, strange that we have more slaves today than we did 160 years ago. That alone kind of proves your assumption is wrong.

Et

Someone could break out a time machine and show you difference in real time, and you'd still argue to the contrary. The statement quoted above is proof of that. Comparing numbers like that is comparing a mouse to an elephant. The world's population has increased by 6.3 Billion people with no significant increase in numbers. If anything, the number of slaves as defined by hard labor has been reduced by half in that time.

I have a news flash for you, it's not 1860 anymore. How about this then...

Everyone else is wrong, you alone are the king of history and know all about it. Have fun with your crown.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Remus2

If anything, the number of slaves as defined by hard labor

But that is not the definition. That has never been the definition ever, so this is pretty much done.

Remus2 ๐Ÿšซ
Updated:

@Mushroom

The problem with that automation claim has largely been dismissed, as there are still an estimated 40 million slaves in the world today. More than 14 times the number in the US in 1860.

This is apples and oranges. There was ~1.2 billion people in the world in 1860. There are currently 7.4 billion people now. Assuming your number is correct (which it isn't), that 40m is 0.54% of the world population.

Slavery was much more prevalent in 1860 around the world.

https://bits.blogs.nytimes.com/2013/03/06/global-slavery-by-the-numbers/

That btw severely differs with your number of slaves, but just for giggles, I'll stay with your number.

It was estimated that there were 25 million slaves worldwide in 1860. That's 2.08%. That's a big difference even using your largely inflated number.

Confirmation bias and cognitive dissonance is eating your lunch.

ETA: slavery in modern times is not always about labor either. In 1860, the vast majority of it was hard labor. Today, the majority of it is sexual slavery. In particular the trafficking of young women and children (and some boys).

bk69 ๐Ÿšซ

@Mushroom

The Cotton Gin.

That was the heart of the problem.

See, Whitney patented the Gin in the US. International respect of foreign patents, however, was negligible. So the cotton that the South grew, which was the variety that the Gin was really needed for (as opposed to the varieties that were grown elsewhere) was more valuable to processors in Europe (who were buying cheaper, 'knockoff' Cotton Gins) than it was to the processors in the North, who were paying inflated prices for theirs due to the patent.
The industrial North, who looked to the South for feedstock for the textile industry, were furious that they couldn't buy the raw cotton for next to nothing due to foreign processors being willing to buy the South's cotton (especially since those processors had the unfair advantage of not paying royalties to Whitney). So the North tried to force the South to only sell to the North. That wasn't appreciated much.

Mushroom ๐Ÿšซ

@bk69

See, Whitney patented the Gin in the US. International respect of foreign patents, however, was negligible. So the cotton that the South grew, which was the variety that the Gin was really needed for (as opposed to the varieties that were grown elsewhere) was more valuable to processors in Europe (who were buying cheaper, 'knockoff' Cotton Gins) than it was to the processors in the North, who were paying inflated prices for theirs due to the patent.

Huh?

Actually, the most valuable cotton was and still is that from Egypt and India. The cotton from them is actually of superior quality, but it grows in relatively small areas of the planet.

And the cotton grown in the US actually comes from Mexico originally. It is common throughout North and South America. So not sure where you are even trying to go there.

Replies:   bk69
bk69 ๐Ÿšซ

@Mushroom

The variety grown in the South needed the cotton gin to be useful for textiles. The cotton gin did nothing to improve cotton from India. I didn't phrase that clearly the first time.

Replies:   Dominions Son  Mushroom
Dominions Son ๐Ÿšซ

@bk69

The variety grown in the South needed the cotton gin to be useful for textiles.

This is true, but it would have been run through a gin before being baled for shipping, not exported raw, so cheaper gins being available in Europe would not have mattered, at least not in the way you suggest.

Mushroom ๐Ÿšซ

@bk69

The variety grown in the South needed the cotton gin to be useful for textiles. The cotton gin did nothing to improve cotton from India. I didn't phrase that clearly the first time.

OK, are you really trying to say that Indian Cotton did not need to be processed?

The gin "improved" nothing, do you even know what it did?

Replies:   Ernest Bywater  DBActive
Ernest Bywater ๐Ÿšซ

@Mushroom

The gin "improved" nothing, do you even know what it did?

Gin makes tonic palatable!

DBActive ๐Ÿšซ

@Mushroom

Indian and Egyptian long staple cotton could be processed easily using technology that had been developed centuries earlier. Whitney's cotton gin allowed the easy processing of upland short staple cotton - the only variety that could grow in most of the US.
The problem with association of the cotton gin invention and the spread of slavery is the time gap. The cotton gin was in common use by first years of the 19th it was at least 25 years later that serious discussion about abolition ended in the south. Until then the issue wasn't so much that slavery was an economic necessity but a question of what to do with freed slaves.
Slavery would have eventually collapsed in the US even without the war. It simply was not a financially viable system in a capitalist society: slave labor was more expensive than free labor.

Replies:   ystokes
ystokes ๐Ÿšซ

@DBActive

slave labor was more expensive than free labor.

What the hell is free labor?

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@ystokes

What the hell is free labor?

Labor that is freely contracted.

Replies:   ystokes
ystokes ๐Ÿšซ

@Dominions Son

Labor that is freely contracted.

Ok it made it sound like they wouldn't be paid thereby being cheaper then slave labor.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@ystokes

Ok it made it sound like they wouldn't be paid thereby being cheaper then slave labor.

It would have been cheaper. A slave has to be housed and fed and needs medical care, all of which has to be provided by the owner.

Free(in the sense of not slave)labor especially back then had to pay all of it's own expenses out of it's wages.

Uther_Pendragon ๐Ÿšซ

@bk69

That was the heart of the problem.

See, Whitney patented the Gin in the US. International respect of foreign patents, however, was negligible. So the cotton that the South grew, which was the variety that the Gin was really needed for (as opposed to the varieties that were grown elsewhere) was more valuable to processors in Europe (who were buying cheaper, 'knockoff' Cotton Gins) than it was to the processors in the North, who were paying inflated prices for theirs due to the patent.
The industrial North, who looked to the South for feedstock for the textile industry, were furious that they couldn't buy the raw cotton for next to nothing due to foreign processors being willing to buy the South's cotton (especially since those processors had the unfair advantage of not paying royalties to Whitney). So the North tried to force the South to only sell to the North. That wasn't appreciated much.

Um, did you read that somewhere or only make it up?

1) Whitney made almost nothing from the gin. Much os that was a grant from southern state in gratitude for changing the market
2) Cotton is ginned before baling, not at the mill.
3) There was no restriction on the export of cotton before the Civil War. (And such a law would have been countered if it had been proposed. Article I, section 9 is one of the longer articles of the Constitution, but the entire document is not all that long.)
4) The actual exportation of cotton i recorded until planters withdrew from the trde at the beginning of the war.

Dominions Son ๐Ÿšซ

@Uther_Pendragon

3) There was no restriction on the export of cotton before the Civil War. (And such a law would have been countered if it had been proposed. Article I, section 9 is one of the longer articles of the Constitution, but the entire document is not all that long.)

Of the sections of Article one, sections 7 and 8 are longer than 9. Section 8 is the powers enumerated to congress.

I'm wondering what in section 9 you think would be relevant to restrictions on exporting cotton?

Replies:   Uther_Pendragon
Uther_Pendragon ๐Ÿšซ

@Dominions Son

I'm wondering what in section 9 you think would be relevant to restrictions on exporting cotton?

"No tax or duty shall be levied on articles exported from any state." That would be a stretch, obviously. Greater stretches have been argued, though. Greater stretches have been won.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Uther_Pendragon

"No tax or duty shall be levied on articles exported from any state."

That is talking about interstate commerce. There can be no taxes in sat cotton from Georgia to New York. But the US Government has the only power to put taxes and duties in internarial imports and exports.

Ernest Bywater ๐Ÿšซ

@Mushroom

US Government has the only power to put taxes and duties in internarial imports and exports.

who handles the extrarnarial imports and exports?

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Ernest Bywater

who handles the extrarnarial imports and exports?

Really? The Department of Commerce. As directed by Congress, as part of the Executive branch.

Dominions Son ๐Ÿšซ

@Mushroom

@Uther_Pendragon

"No tax or duty shall be levied on articles exported from any state."

That is talking about interstate commerce.

No, it's not. Basically Congress has the power to levy duties/tariffs on imports, but not on exports.

However, that restriction would not be relevant to an outright ban on exporting some particular good.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

No, it's not. Basically Congress has the power to levy duties/tariffs on imports, but not on exports.

Actually, they do have that power. However, it would be stupid to do such for the most part. The US at this time does not have export tariffs, but it has used them in the past, primarily when companies wanted to export items in excess of previously established trade quotas with other countries.

And England used them in the colonies, putting tariffs on any exports leaving them going anywhere but the UK.

But do not confuse the fact that they do not do it at the time with their not having that power. They do indeed have that power, as it is part of their Constitutional Powers regarding International Commerce.

Replies:   DBActive
DBActive ๐Ÿšซ

@Mushroom

No. the Congress cannot impose tariffs or other fees that work as tariffs on exports. That provision has been strictly enforced since the adoption of the Constitution. Attempts to evade that clause have uniformly been held to be invalid.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@DBActive

No. the Congress cannot impose tariffs or other fees that work as tariffs on exports. That provision has been strictly enforced since the adoption of the Constitution. Attempts to evade that clause have uniformly been held to be invalid.

Uhhhh, wrong. And the Constitution says it quite clearly.

Article I, Section 8, Paragraph 1 of the United States Constitution:

The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and to promote the general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Now the correct term for a tax laid upon an export is a duty. A tariff is laid upon imports. Excise is a tax laid on interstate goods, and often is basically a form of "luxury tax" (or sometimes a "sin tax").

So kindly explain to me how exactly an ability clearly stated in the Constitution (I stated where) is against the Constitution.

Now, can they do so? Of course they can, the Constitution says so quite clearly. However, the US does not, because it would make our exports more expensive.

However, want to know a country that does? India. A lot of their government is supported by export duties. Then again, the cost of labor makes their exports so cheap that even paying that fee to the government, people still buy almost all they can manufacture.

Export Duties work great, if your labor pool is cheap, or you have a commodity that is in such high demand that people will buy it no matter what. But as the US has always been a mercantile nation, that goes against how we have always operated. Instead, we simply go the route of banning certain trade altogether.

But do not confuse not doing something with not being allowed to do something. That is why that entire claim I often see repeated about forbidding duties on "exports from a state" is laughable. That section talks about interstate commerce, not international. Therefore, it does not apply.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Mushroom

So kindly explain to me how exactly an ability clearly stated in the Constitution (I stated where) is against the Constitution.

Because a different section of the constitution says they can't do that.

Replies:   Mushroom
Mushroom ๐Ÿšซ
Updated:

@Dominions Son


Because a different section of the constitution says they can't do that.

Exactly, a different section, that is only talking about issues between states. Where the US is prohibited from imposing any excises, tariffs, or duties.

Yes, neither the US Government (nor any state government) can establish any kind of restrictions on interstate commerce. We all know that, it is like Constitution 101. But that has nothing to do with International commerce.

That does not forbid the government from doing it internationally. By your logic, the US government therefore has no abilities to put in place any excises, duties, or tariffs Internationally, because it is excluded from doing it interstate.

And obviously it can, therefore your logic is wrong, as is your understanding of how the document works.

But a lot of people make these mistakes. I am laughing also because a lot of people in California are trying to find a way to create a tax on the people and companies leaving the state. They have seen so many leave in the last decade, most now think they will actually lose from 1 to 3 Congressional Seats when the census is finally completed.

Plus the loss of money and business, so some think that taxing those that want to leave will either discourage them from doing that, or raise more money if they do. The only problem is, that is illegal in many ways. Not only in interstate taxes, but in limiting the transit between states.

But that has not stopped the state from trying to pass "Exit Taxes" for several years now.

Replies:   Dominions Son  DBActive
Dominions Son ๐Ÿšซ

@Mushroom


Exactly, a different section, that is only talking about issues between states.

No, Article 1 Section 9 has nothing to do with issues between states. It is entirely things Congress/the federal government is explicitly prohibited from Doing.

Us Constitution Article 1 Section 9 Clause 2

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.


Nothing do to with states at all.

Clause 3

No Bill of Attainder or ex post facto Law shall be passed.


Nope, nothing about states here either.

Clause 7

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.


How is this about issues between the states?

DBActive ๐Ÿšซ

@Mushroom

Exactly, a different section, that is only talking about issues between states. Where the US is prohibited from imposing any excises, tariffs, or duties.



To answer your question:

The Export Clause, found in Article I, Section 9, Clause 5 of the U.S. Constitution, directly states "No Tax or Duty shall be laid on Articles exported from any State." The Clause represents one of the few restrictions on Congress's otherwise broad taxing power. Examples of taxes that have been found unconstitutional as applied to exports include the harbor maintenance tax and the excise tax on domestically mined coal.


Every court that has examined this clause has held that it prohibits tariffs, duties or other taxes on exports or on the process of exporting goods.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@DBActive

Every court that has examined this clause has held that it prohibits tariffs, duties or other taxes on exports or on the process of exporting goods.

And what was the last court case that involved International (not Interstate) export duties? Once again, following that logic, it would also make illegal import tariffs.

Of course, export duties do not apply to states talking Internationally, as they are paid by the companies on goods going overseas. Just as an import tariff is not upon a state, but a company or individual getting goods from overseas.

But yes, they are illegal to put a tariff or duty on a good from say California to New Jersey.

And it is completely legal to put an excise tax on a good inside the US, such as say tires. But those are not around states at all, but along all such goods, no matter where they came from or go to.

The biggest problem I see is that most of you all keep missing that when talking about the states, the Constitution is only talking about interstate commerce and travel. No state has a right to limit who can come into it, but the Federal Government has every right (and does) control who is allowed into the country as a whole.

Stop confusing Interstate with International. They are not the same.

Dominions Son ๐Ÿšซ
Updated:

@Mushroom

And what was the last court case that involved International (not Interstate) export duties?



None of the cases involved strictly interstate export duties.


Once again, following that logic, it would also make illegal import tariffs.

No it wouldn't because the clause in questions explicitly prohibits export duties but does not mention import duties/tariffs.

Replies:   DBActive
DBActive ๐Ÿšซ

@Dominions Son

IBM plainly stated that the Export Clause's simple, direct, unqualified prohibition on any taxes or duties distinguishes it from other constitutional limitations on governmental taxing authority. The Court there emphasized that the "text of the Export Clause ... expressly prohibits Congress from laying any tax or duty on exports." 517 U. S., at 852; see also id., at 861 ("[T]he Framers sought to alleviate ... concerns [that Northern States would tax exports to the disadvantage of Southern States] by completely denying to Congress the power to tax exports at all."). United States v. United States Shoe Corp., 523 U.S. 360 (1998) at 367.

DBActive ๐Ÿšซ

@Mushroom

The last case at the Supreme Court? It involved IBM in 1996.

Dominions Son ๐Ÿšซ

@Mushroom

And what was the last court case that involved International (not Interstate) export duties?

As a general matter of constitutional interpretation, the terms import and export only apply to commerce with foreign nations, they do not apply in any way to interstate commerce.

https://constitutioncenter.org/interactive-constitution/interpretation/article-i/clauses/758

Congress can't circumvent the prohibition by taxing surrogates for exports; substance controls over form. For example, in United States v. IBM (1996), the Supreme Court held that an excise on premiums paid to foreign insurers was unconstitutional as applied to insurance on exports. And, in United States v. United States Shoe Corp. (1998), the Court held that the harbor maintenance "tax"โ€”an excise on port use measured by cargo valueโ€”was in fact a tax and couldn't be imposed on vessels engaged in exportation.

Not all governmental charges are taxes for these purposes, howeverโ€”hence the issue in U.S. Shoe. For example, a congressional charge for use of a port isn't a tax if the charge approximates the value of services provided. A legitimate user fee may therefore be applied to vessels carrying exports. Penalties affecting exportation also aren't precluded by the Clause.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

For example, in United States v. IBM (1996), the Supreme Court held that an excise on premiums paid to foreign insurers was unconstitutional as applied to insurance on exports.

Key words there. I notice it is not talking about a duty itself, as there was none. But a tax paid in regards to insurance.

In this way, it is similar to what has troubled California for decades now. Where as the legislature was for decades prohibited from creating or raising taxes, they simply called everything a "fee". That is why your Registration is still only around $50 a year, but there are then hundreds of dollars in fees attached.

It appears that in this case, it is more the way it was worded and implemented than the actual "tax" itself.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ
Updated:

@Mushroom


In this way, it is similar to what has troubled California for decades now. Where as the legislature was for decades prohibited from creating or raising taxes, they simply called everything a "fee".

Those kinds of games don't help Congress get around the restriction on export duties.

You clearly missed this part:

And, in United States v. United States Shoe Corp. (1998), the Court held that the harbor maintenance "tax"โ€”an excise on port use measured by cargo valueโ€”was in fact a tax and couldn't be imposed on vessels engaged in exportation.


Yes, Congress can create user fees, but there are limits:

For example, a congressional charge for use of a port isn't a tax if the charge approximates the value of services provided. A legitimate user fee may therefore be applied to vessels carrying exports. Penalties affecting exportation also aren't precluded by the Clause.


Even if Congress calls something a fee, the courts will treat it as a tax if the amount of the fee is not reasonably related to services render to the payer by the federal government. An they can't count the value of services funded by general tax revenue.

It doesn't matter what you call the tax, Congress does not have the power to levy any sort of tax on exports, and the term export never applies to interstate commerce it's always exports into foreign commerce.

Dominions Son ๐Ÿšซ

@Uther_Pendragon

4) The actual exportation of cotton i recorded until planters withdrew from the trde at the beginning of the war.

You recorded it personally? You were there in the 1860s?

Replies:   Uther_Pendragon
Uther_Pendragon ๐Ÿšซ

@Dominions Son


You recorded it personally? You were there in the 1860s?

When I post answers, my writing is full of typos. I'm guessing that "I" was intended to be "is."

StarFleet Carl ๐Ÿšซ

@Mushroom

For example, if the President or Vice President do not achieve a majority, the House of Representatives decide who won. That is even more insane than the system we use now.

Um - under our system, if that happens, the Senate chooses the Vice-President, the House chooses the President. How is that much different?

bk69 ๐Ÿšซ

@ystokes

The right to sell their production on the global market rather than be forced to sell cheap to the North, to start with. The war was about slavery...the north wanted the south to be their slaves.

Not_a_ID ๐Ÿšซ

@bk69

The right to sell their production on the global market rather than be forced to sell cheap to the North, to start with.

Sadly for the south, international commerce, and even inter-state commerce, falls under the domain of the Federal Government. Clearly stated as such no less. Trying to make a states rights claim on that is an immediate failure.

Replies:   Remus2  Tw0Cr0ws
Remus2 ๐Ÿšซ

@Not_a_ID

In my opinion, a detailed search regarding the history of the Chicago Board of Trade would be eye opening; assuming that person can keep an open mind and apply critical thinking skills. Some folks in Boston got a bit annoyed by similar goings on ~75 years prior to the creation of CBOT.

As for slavery, it was on its way out before the civil war ever began. If for no other reason than pure economics. So why was slavery front and center? It was an emotional trigger. Enough of one to rally the self-righteous indignation of a large portion of the population.

Lincolns idea was to ship all the former Africans back to Africa. He wasn't exactly enamored with the east Asians/Chinese either. He and his backers couldn't make up their minds as to what to do with my people either. They never did decide on running us further west or completing their genocide.

Most people are aware that the African decendents first gained citizenship in 1868. What they are mostly unaware of is the native peoples, you know the un-hyphenated natural born Americans, were not granted citizenship until 1924.

At some point history has to be put in its place. You know, in the past. It should never be forgotten lest we make the same mistakes again, but at the same time, it shouldn't be relived time and again. No good purpose is served reliving the past.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Remus2

As for slavery, it was on its way out before the civil war ever began. If for no other reason than pure economics. So why was slavery front and center? It was an emotional trigger. Enough of one to rally the self-righteous indignation of a large portion of the population.

If you read statements written at the time of secession by Jefferson Davis (President of the Confederacy), General Lee and the official secession statements issued by the seceding states, they all explicitly cite slavery as first and foremost among the reasons for secession.

Lincolns idea was to ship all the former Africans back to Africa. He wasn't exactly enamored with the east Asians/Chinese either.

Lincoln was a fence sitter on the issue of Slavery until after the slave states seceded.

Replies:   Remus2  Not_a_ID
Remus2 ๐Ÿšซ

@Dominions Son

If you read statements written at the time of secession by Jefferson Davis (President of the Confederacy), General Lee and the official secession statements issued by the seceding states, they all explicitly cite slavery as first and foremost among the reasons for secession.

Explain to me how that conflicts with this statement;

So why was slavery front and center? It was an emotional trigger. Enough of one to rally the self-righteous indignation of a large portion of the population.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Remus2

Explain to me how that conflicts with this statement;

So why was slavery front and center? It was an emotional trigger. Enough of one to rally the self-righteous indignation of a large portion of the population.



To me that comes off specifically as a reference to the abolitionist movement.

Not_a_ID ๐Ÿšซ

@Dominions Son

If you read statements written at the time of secession by Jefferson Davis (President of the Confederacy), General Lee and the official secession statements issued by the seceding states, they all explicitly cite slavery as first and foremost among the reasons for secession.

It doesn't change the fact that Remus is right. Slavery was on the way out, its days were numbered. The people in the Confederacy just didn't know it at the time.

Kind of like people thought the Soviet Union had won the cold war by the 1970's, until they fell apart over the course of the 1990's and collapsed completely by 1991.

After all, in 1971 the Soviets were ahead of the United States in just about every meaningful metric. It just didn't last.

Tw0Cr0ws ๐Ÿšซ

@Not_a_ID

The right to sell their production on the global market rather than be forced to sell cheap to the North, to start with.

Sadly for the south, international commerce, and even inter-state commerce, falls under the domain of the Federal Government. Clearly stated as such no less. Trying to make a states rights claim on that is an immediate failure.

If the fuel you use to run the tractor you use to grow your crops was shipped to you across state lines the Fed. govt. claims it has the authority to regulate the sale of your crop.

More than the people who wrote the Constitution intended? Probably.

Replies:   Dominions Son  Not_a_ID
Dominions Son ๐Ÿšซ
Updated:

@Tw0Cr0ws

If the fuel you use to run the tractor you use to grow your crops was shipped to you across state lines the Fed. govt. claims it has the authority to regulate the sale of your crop.

It's worse than that.

They claim the authority to regulate you producing your own fuel for your own use because now you aren't buying fuel that travels in interstate commerce, and you abstaining from interstate commerce affects interstate commerce.

But even that's not the worst.

Most federal criminal statutes are written to only apply if the crime happens on land under the direct control of the federal government or if the crime crosses state lines.

However, the DOJ currently claims that if any tool (crowbar, gun, getaway car) used to commit the crime once traveled in interstate commerce (even if that was decades before the crime was committed) that is enough for federal criminal jurisdiction to attach.

Replies:   Remus2
Remus2 ๐Ÿšซ

@Dominions Son

You should look into what the Feds are doing with power production. In particular solar, geothermal, and wind on private property. I give it less than ten years before they have nominal control over it nationwide.

https://www.epa.gov/repowertoolbox/solar-interconnection-standards-policies

It's in its nacent form at the moment, but there are some keywords to watch. "Distributed Solar Market" and "Distributed Power Generation" being two of the more important phrases.
There is a reason many locations do not allow stand alone generation aka off grid. Many locations are required to be participating in Net Metering.
On the surface, it sounds like a good deal, and in the short term it is. What many are missing is what's happening at the Federal level.

When enough people are connected with roof top panels, wind, etc, how long until the Feds consider it as part of the "Distributed Power Generation" grid? As of 2020 California requires all new homes to have solar. Existing structures are soon to follow.

They claim the authority to regulate you producing your own fuel for your own use because now you aren't buying fuel that travels in interstate commerce, and you abstaining from interstate commerce affects interstate commerce.

Consider what that means in light of your quoted statement.

Not_a_ID ๐Ÿšซ

@Tw0Cr0ws

If the fuel you use to run the tractor you use to grow your crops was shipped to you across state lines the Fed. govt. claims it has the authority to regulate the sale of your crop.

I imagine since odds are very good your tractor was obtained through an act of interstate commerce(it wasn't built in your state), they can regulate that too.

That interpretation is extremely twisted, and shouldn't have been allowed to stand in the courts, but it is the mess we have to deal with right now.

Replies:   Tw0Cr0ws
Tw0Cr0ws ๐Ÿšซ

@Not_a_ID

I imagine since odds are very good your tractor was obtained through an act of interstate commerce(it wasn't built in your state), they can regulate that too.

That interpretation is extremely twisted, and shouldn't have been allowed to stand in the courts, but it is the mess we have to deal with right now.

Even if you live in the same state as the tractor factory is located in, the steel it is made from probably came from somewhere else, the tires probably came from somewhere else, etc., etc......

It is the nature of politicians to grab more and more power, this is true in any political system.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Tw0Cr0ws

There were two basic factions at the constitutional convention.

The Federalists and the Anti-Federalists. And these two factions were backwards from the way most people today think of "federalism" and Federalists.

The Federalists wanted an all-powerful national government, to eliminate the states outright or reduce them to mere corporations.

The Anti-Federalists wanted to amend the Articles of Confederation to make the national government marginally more powerful.

Anti-Federalists who weren't at the convention were pissed off when it came out with a whole new constitution.

The "Necessary and Proper" clause was proposed by the Federalists and it has acted as a one way ratchet, allowing the courts to stretch the meaning of the commerce clause, and for the Federal government to grow in power over time at the expense of the states.

Mushroom ๐Ÿšซ

@bk69

The right to sell their production on the global market rather than be forced to sell cheap to the North, to start with. The war was about slavery...the north wanted the south to be their slaves.

Oh nonsense.

In 1860, there was already a global cotton glut, because the sources from India and Egypt were turning out excess cotton. The best prices available in the first place was for the South to send it North to be converted into manufactured goods. France and England were the 2 largest buyers of cotton, and before the Civil War even started they had pretty much stopped buying raw cotton.

It was even rotting as it sat stockpiled in their warehouses as they were not even able to process what they had.

It is not hard to discover this, just type in "1860 cotton glut", it is common knowledge to most real historians.

Uther_Pendragon ๐Ÿšซ

@bk69

The right to sell their production on the global market rather than be forced to sell cheap to the North, to start with. The war was about slavery...the north wanted the south to be their slaves.

The problem with htis fiction is that southerners not only had the right to sell on the global market, they quite generally exercised the right. The blockade was enforced after the shooting started.
Before the blockade was effective, southern planters agreed to delay England exports of their cotton to blackmail them into supporting the Confederacy.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Uther_Pendragon

Before the blockade was effective, southern planters agreed to delay England exports of their cotton to blackmail them into supporting the Confederacy.

Which England never really did. The majority of the people supported the Union, and the government paid lip service to the Confederates, mostly so they could snicker as we tore ourselves apart.

They already had their own cotton coming in from India (which was of a higher quality), and were even more abolitionist than most in New England. They simply held their nose and gave the Confederates lip service because geopolitically it served their needs to see the US tear itself apart (like maybe get rid of that pesky Monroe Doctrine).

And there was also the fallout of the Trent Affair, which once again had them holding their nose even as they prepared for possible war.

Ernest Bywater ๐Ÿšซ

The causes of the US Civil War were very complex, but really came down to hunger for power and money.
....................

Based on what I could find from source records over a decade ago, the US Civil War was and wasn't about States Rights and / or Slavery.

Yes, slavery was a key underpinning part of it, but it wasn't the slavery issue per se, so much as to how the slavery provided certain persons in power more profits and more power. Once those persons of power decided they didn't want to let the US Federal government have any of their power or make any money from their businesses, then the war was going to happen. The way the few in power sold the war to the multitude was on the States Rights issue. Thus the States Rights issue was what put people in uniforms and behind guns to fight the war.

.....................

There weren't that many people who owned slave operated plantation. If you set a limit as the minimum number of slaves to run a plantation as 100 slaves, then there were only 1,733 people in the south who owned 100 or more slaves as per the 1850 census, while only 11 owned more than 500 slaves. Drop the minimum number of slaves to 50 and you have 7,929 slave owners. All up there were 347,525 slave owners in the south in the 1850 census and of those 174,403 owned less than 5 slaves - i.e. 1 or 2 or 3 or 4 slaves only.

The records show the Confederacy had between 1,100,000 and 1,360,000 troops during the war. Those men did not sign up to fight for the rights of less then 350,00 people to own slaves. They were told the Federal government wanted to take away all rights the states had to rule themselves, and those people had loyalty to their state first and the country second, so they fought to protect their State's Rights.

So yes, the war was fought over State's Rights, but it was started by people wanting to use slavery as a way to increase their bank accounts an power.

.....................

Another aspect of the slavery question is that the Federal government already had legislation in place that recognised the rights of each state to decide for or against slavery and laws to enforce the return of runaway slaves. Thus there was no reason to fear the Federal government would stop slavery at that time.

What upset the power brokers in the Southern states was the Federal government refusing to pass laws forcing other states to allow people to own slaves within their state. Thus the real underlying cause of tension was the inability of the few powerful slave owners being unable to obtain land in the Northwest Territories and use slaves there in the same way as they did in their plantations in the Southern states as slavery was not permitted in the Northwest Territories and the states being created there were 'no slavery' states. Thus not allowing the operation of slave operated plantation stopped certain powerful men from increasing their business and incomes.

The differences of opinion on the tariffs and excises also affected the profits of those some mew of power. They didn't like that, nor did they like the way the economy was shifting to the North through manufacturing.

BarBar ๐Ÿšซ

There was also a complete difference in mentality between Northeners and Southeners. The North was becoming/had become industrialised and cities were growing as a result, farms near to those cities were mostly smaller holdings. The South was still mostly pre-industrial with large farms/plantations/ranches and only relatively small cities.
The people of the era leading up to the war thought of themselves as belonging to their state first and then belonging to either the North or the South, rather than thinking of themselves as being Americans.

That difference in mentality and thinking made it easy for the leaders to tap into prejudices and hot topics such as slavery and a tendency for the North dominated federal government to pass laws and taxes that impacted mostly on the South.

The causes of that war were complex and involved. As a
result, historians have been arguing about the "real causes" since 1860 and they will continue to do so until the war itself is forgotten.

To say it happened "because of the issue of slavery" is an oversimplification, but to dismiss slavery as being the major cause would also be wrong.

Mushroom ๐Ÿšซ

@BarBar

The North was becoming/had become industrialised and cities were growing as a result, farms near to those cities were mostly smaller holdings. The South was still mostly pre-industrial with large farms/plantations/ranches and only relatively small cities.

That was primarily because of the locations of the raw resources in those areas.

The US by that time was in the middle of a huge "Industrial Revolution". Coal, iron, and the newly discovered petroleum industry were all located in the North. That and most other industrial raw materials were located there because of geology. The south is actually rather poor geologically in raw materials.

And if you are going to mine iron and coal, it simply makes sense to process and then manufacture them as close as you can to the source. This is why Pennsylvania and New England were prime manufacturing centers. The iron from Pennsylvania can be shipped my boat to New York, Connecticut,, and turned into finished goods. It makes little sense to ship it all the way to say New Orleans to do that, the shipping cost would eat up any profits.

Without those raw materials, the south remained largely agrarian, as New England had been a century earlier. It was only the advent of the railroad that allowed the cheap transport of raw materials that allowed large industries to spread to the rest of the country.

Uther_Pendragon ๐Ÿšซ

@BarBar

The people of the era leading up to the war thought of themselves as belonging to their state first and then belonging to either the North or the South, rather than thinking of themselves as being Americans.

Even that is a simplification. Public opinion in the south thought of themselves as southerners, With what exceptions is hard to discover. (Sam Houston was certainly one.) nobody wrote about himself as a "northerner." A large number thought of themselves as "New Englanders."
The east coast, Pittsburgh, and St. Louis were industrialized, huge swaths of the North were agricultural. (When the south cut off cotton shipping, the Russian wheat harvest failed. England and France needed Midwest wheat one hell of a lot more than they needed Southern cotton.)
Tbe southern leaders thought of north and south; the Midwest populace thought of the United States, and they went to war to keep it together.

Uther Pendragon ๐Ÿšซ

@PotomacBob

Is the fictional Ernest right?

Short answer is NO. Originally, the states jpined in the Constitution. Read Article VII. That didn't mean that states could take back their ratification later. Some of the leaders of the Confederacy claimed that it did; (others cited a "right to revolution"). No kawyers seriously argue that it iis legal today.

Back in those days, a hell of of a lot of voting was done at county seats. That doesn't mean that a single couty could option out. Today, we vote by precincts, but the precinct isn't independent.

ystokes ๐Ÿšซ

Somehow I just don't buy that.
Slaves would build their own housing at very little cost to the owner and then be crammed into it unlike a free man that would have to pay someone rent, they would grow most of their own food or get scraps from the owner's leftovers that don't cost the owner much, as for medical care that would most likely be done by another slave.

Replies:   Dominions Son  Mushroom
Dominions Son ๐Ÿšซ
Updated:

@ystokes

Slaves would build their own housing at very little cost to the owner and then be crammed into it unlike a free man that would have to pay someone rent

A free man's rent isn't an expense to his employer.

Where do you imagine that the slaves would get the tools and materials to build their own housing?

they would grow most of their own food or get scraps from the owner's leftovers that don't cost the owner much

Again, where do they get the tools and materials needed to grow their own food?

If they are growing their own food, the time they spend on that task is a cost to the owner in terms of lost productivity.

As for feeding them scraps from the owner's table, that might work for a small sharecropper with one or two slaves. It won't work for a large cotton plantation where the slaves could outnumber the owner's family and the overseers by ten to one.

It may not be that much of an expense to their owner, but the relevant expense (for comparison) to the employer of free labor would be zero.

as for medical care that would most likely be done by another slave.

There would still be expenses for medicines and materials (such as bandages).

I think you underestimate the incentive to bring in a real doctor. A slave that is too sick or injured to work is producing nothing but still has to be housed and fed. And some of the labor of other slaves would have to diverted to caring for the sick/injured slave, magnifying the loss in productivity.

And again, the relevant expense for comparison to the employer of free labor in the mid 19th century is zero.

And a free laborer who is too sick or too injured to work costs the employer nothing beyond the lost productivity.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

I think you underestimate the incentive to bring in a real doctor. A slave that is too sick or injured to work is producing nothing but still has to be housed and fed. And some of the labor of other slaves would have to diverted to caring for the sick/injured slave, magnifying the loss in productivity.

On large plantations there were several groupings of slaves. pregnant women and those to old to work or injured typically took care of the "slave quarters", including care of those sick or injured.

Some seem to fail to realize that slaves were valuable property. You would take care of them, just as a farmer would take care of their livestock.

Plus there were other reasons to keep slaves, even if they could no longer work the fields. Working the gardens gave them more food they produced themselves, lessening the burden of the owners to provide them food. Plus, it must be remembered that slaves were 3/5 of a person for assigning Congressional seats. So there were other reasons to keep slaves alive.

But the owners would not just inflate numbers, as because they were property, property taxes also had to be paid. So the incentive to inflate the number of slaves by say 20 to provide 2 people would also mean the owner is paying taxes on roughly an additional $30,000 in assets.

Mushroom ๐Ÿšซ

@ystokes

Slaves would build their own housing at very little cost to the owner and then be crammed into it unlike a free man that would have to pay someone rent, they would grow most of their own food or get scraps from the owner's leftovers that don't cost the owner much, as for medical care that would most likely be done by another slave.

Sure, if you want to see your large investment die.

Might as well claim that a poultry farmer would not build coops, and feed and care for their chickens. Or build a single coop and cram all of the birds into that.

To put it bluntly, slaves were valuable property in the antebellum South. Typical prices were around $1,500 each, over $40,000 today. The break-even point was typically 5 years, that means if your slaves died before you had them 6 years, you actually lost money.

They did build their own housing, but from supplies provided by the owners. And they were normally sound quarters, as to keep them healthy and able to work.

And scraps, really? No, they got items that still live on today in "Black Culture" to this day. Grits, chitterlings, pork back, collard greens, hominy, ribs, catfish, cornbread, sausage grave & biscuits, etc.

And the same with medical care. Just as most whites used "home treatments", so did the slaves. In fact, the average life expectancy of whites in the 1860's was 40. For slaves, 37. Which clearly shows that their wellbeing and care was only slightly worse than the rest of the population.

You really should research what slave conditions were like in the era, you might learn something. On most plantations, it was not really unlike say military housing. Dorm type facilities for single men and women, and small 1 room cabins for couples. Not unlike how most whites lived in that era.

And most slaves were allowed gardens, and their own livestock. Many even had firearms for hunting, and the use of snares and fishing was also common (and even encouraged).

ystokes ๐Ÿšซ

So are you saying that a free man would accept being treated worse then a slave?
I guess that is where the term "working for slave wages" comes from.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ
Updated:

@ystokes

So are you saying that a free man would accept being treated worse then a slave?

Nowhere did I say anything like that. At that point you are getting into value judgements about what is better and what is worse, and the perspective and value judgements of people living in the 19th century are likely to be very different than yours.

A free laborer is not treated like a slave. If he doesn't like his boss or the terms of his employment he can quit and seek other employment under better terms.

A 19th century free laborer was not being treated worse than a slave because his employer didn't provide him with room and board or with medical care.

And a free laborer, likely would have required considerably less medical care than a slave.

An unskilled free laborer in early to mid 19th century was better off then a slave, but probably by a much narrower margin than most people today would imagine.

Which is not to say that there haven't historically been effort to lock nominally free laborers into slave like conditions. The company town model is a good example of this.

DBActive ๐Ÿšซ

Not only do you have to provide food and housing for slaves that are too young, too old, too sick, too injured to work but you also have a major amount of capital tied up in an asset. An asset that will eventually be worthless.

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