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Did the South have the right to secede under the 10th Amendment?
Wiki User
∙ 13y ago
No. The Tenth Amendment (States Rights) is subordinate to the Articles of the Constitution. Article I, Section 10, Clause 1 clearly states:
"No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility."
The States are bound by the Constitution on the basis of their ratifying and adopting it as the framework for a central government. The Supremacy Clause (Article VI, Section 2) elevates federal law over state law when the two are in conflict.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
The Tenth Amendment recognizes the US Constitution as the first authority, and the states as the second authority:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Needless to say, the Constitution didn't prevent the Southern States from seceding, just as our status as a Colony of England didn't prevent the Revolutionary War.
Wiki User
∙ 13y ago
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