Commentary: The New Secession Crisis

It was appropriate that news of the Democrats’ plans to pack the Supreme Court broke in April, just a couple days after the 160th anniversary of the Confederate attack on Fort Sumter, the shots that began the Civil War. 

Unlike President James Buchanan, who dithered in responding to obvious Confederate aggression, the newly inaugurated Abraham Lincoln acted decisively upon taking office. He informed South Carolina Governor Francis Pickens that he would be resupplying the fort, forcing South Carolina’s hand. Lincoln’s actions did not start the war—they made it clear that war was already underway. From that point on, Americans, even those who had previously wished to ignore what was staring them in the face, were awakened to the reality of their situation. 

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The Would-Be ‘State of Franklin’ That Never Officially Existed

The United States Constitution does, of course, contain guidelines as to how a territory may enter the Union as a full-fledged state on an equal footing with all previously-existing states.  The last time that any new states were added to the United States was in the year 1959 when Alaska became the nation’s 49th state and Hawaii became the country’s 50th state. Specifically, the U.S. Constitution’s Article IV, Section 3, Clause 1 — which requires only a simple majority vote — reads: “New States may be admitted by the Congress into this Union; but no new States 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.” There has been recent chatter about admitting Puerto Rico into the Union as the nation’s 51st state. As the Constitution was not written until 1787 — and, once written, did not take effect until the following year — the procedure outlined within the still-in-force Articles of Confederation would have remained applicable to admission of news states up to…

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Tennessee and The U.S. Constitution’s 15th Amendment

Celebrating the 15th Amendment

The 15th Amendment to the U.S. Constitution, which granted freed former male slaves and any adult male citizen the right to vote,  was ratified by the requisite three-fourths of all states and added to the Constitution in 1870.  At the time there were 37 states, and when the 28th state ratified the amendment in February, 1870, the three-fourths standard was met. Tennessee was not among those 28 states. In fact, Tennessee did not get around to ratifying the 15th Amendment until more than 100 years later, in 1997. Here is that story: During the Reconstruction period in the American South, in the aftermath of the Civil War, three individual amendments were incorporated into the U.S. Constitution – each separated in succession by only a few years – pursuant to that document’s Article V. This trifecta ended a dry spell of more than 60 years of no amendments at all finding their way into the federal Constitution. The 13th Amendment, ending slavery, was adopted in 1865.  The 14th Amendment, defining citizenship status, came along in 1868 (although there is some question as to whether its ratification process was 100 percent strictly by-the-book).  And the 15th Amendment, granting to former male slaves –…

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