Search found 6 matches

by wil
Sun Mar 06, 2022 12:10 pm
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

jerry_r60 wrote: Sat Mar 05, 2022 4:13 pm
wil wrote: Sat Mar 05, 2022 11:48 am
jerry_r60 wrote: Fri Mar 04, 2022 10:52 am
wil wrote: Fri Mar 04, 2022 10:23 am
jerry_r60 wrote: Fri Mar 04, 2022 9:53 am
wil wrote: Thu Mar 03, 2022 7:18 pm
jerry_r60 wrote: Thu Mar 03, 2022 6:03 pm
wil wrote: Thu Mar 03, 2022 2:39 pm Next time someone says secession is illegal or that people don't have the right to self-determination as identified in the Declaration of Independence, remind them of how this state came to be an independent country and ask them if it was legal to do so.
Yes it was illegal, it was against Mexican law. There was a revolt and a declaration of independence. Same with the colonies declaring independence from Britain. It was against British law, the people revolted with a war and declared independence. Of course the south tried and failed to separate from the US.

There are people who have commented that they thought Texas had a right to declare independence legally, that's what is your hearing people respond to that incorrect and illegal. So not the same thing as how the state or the country were formed unless you are talking about revolution.
then by your logic what the Founders wrote in our Declaration of Independence is a lie?
You are certainly free to think that's what my logic dictates.
you didn't answer my question.

if what the Founders wrote in the Declaration of Independence is the truth, they correctly identified the right to self-determination and how that relates to the authority of government and it's purpose.
Is it the truth that no man-made law can legitimately supersede that right.

yes or no?

Because according to your statement and hence logic, secession or otherwise removing a government from a body politic was or is illegal according to government created laws. Be it Mexico, Britain, etc.
If what you state here is the truth, then what the Founders wrote & identified is not the truth, ie: a lie.

It is either/ or. Either one of these is the truth, there is no in between. Which is it? Is it illegal to engage in the right to self-determination as identified in the Declaration of Independence or is it illegal owing to government created law and hence what the Founders wrote is a lie?
This would be an interesting discussion around a cup of coffee. I saw your "question" about my logic more as a statement just with a question mark at the end so commented on that. I'll grant a big caveat, our constitution allows change.

In your original post you said to ask if Texas declaring independence was illegal. At that time it was under Mexican law and the answer would be yes so I wasn't sure what asking that did.

As for the Declaration of Independence question it makes interesting discussion around a table on what it means and how it applies in theory but we already have a test case in this country with states wanting to secede. I suppose some state may ask in the future and the federal decision go the other way.

We have also already had a SCOTUS decision in Texas vs White
what i wrote is called a logical conclusion based on your statement. If secession is illegal per man-made law such as Mexico or Britain, as you stated. Then the logical conclusion is what the Founders identified in the Declaration of Independence is a falsehood, ie: a lie.

It is why I said this is an either/or answer, either one or the other is the truth.

Either individuals have the inherent right of self-determination as identified in the Declaration of Independence and no 'law' has the legitimate authority to deny that right on any basis, OR man-made law has the authority to deny that right. Hence secession or related activities are illegal.

As for the Tx vrs White decision. Here is the question: If that decision is correct, then on what basis of authority does that court exist?
The court said the very action which created that court is illegal, secession. therefore it is a logical conclusion that court exists illegally, in violation of the british crown.

Their so-called 'ruling' is self-contradictory. Either that court exists legally as part of a legitimate government owing to the legality of secession, or secession per that court is illegal and therefore the logical conclusion is that court does not exist legally owing to it was created by an illegal act per it's own ruling.

Again, it is an either/or answer.

The same applies to your logic about a test-case. Did the south have the inherent right to self-determination, therefore the logical conclusion being what they did was lawful and Lincoln had no legal right to wage war against that new nation?
I'll go back and respond once more to your original post and leave it at that. You commented ".... remind them of how this state came to be an independent country and ask them if it was legal to do so.". The answer to that question is no it was not legal. To me and I think anyone else reading this is plain English take this to mean is it against the law? This would be man made law from the prevailing government. Given that, i didn't see the point of asking that question. If it was a discussion about what is moral or ethical, that's a different question but not the one suggested.

I'll leave this topic at that, I'm not interested in a constitutional debate on this topic or try to argue the logic of my statements or yours with messages back and forth in the forum.
if you're not interested in a debate, why did you respond in the first place, and respond 3 times subsequently? And all three times not answer a simple question?

if what you say is factual, secession and such activities are illegal, give me a basis of why that is factual. I have offered reasons for my own stance and still offer the simple question:

If secession and related activities are illegal per government created law as you stated, then is what the Founders identified in the Declaration of Independence a falsehood.

Yes or no?

It's a simple question and a simple answer.

my answer is no, what they Identified is exactly what they stated, "we hold these truths to be self evident". With the logical conclusion being any man-made malum prohibitum law does not have the legal authority over that.
by wil
Sun Mar 06, 2022 11:37 am
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

srothstein wrote: Sat Mar 05, 2022 2:06 pm
wil wrote: Sat Mar 05, 2022 11:48 amwhat i wrote is called a logical conclusion based on your statement. If secession is illegal per man-made law such as Mexico or Britain, as you stated. Then the logical conclusion is what the Founders identified in the Declaration of Independence is a falsehood, ie: a lie.

It is why I said this is an either/or answer, either one or the other is the truth.
I disagree and think you are proposing a false dichotomy with your logic. You may have a right to do something while there are still laws against. If you assert your right and do something, you may be convicted in a court. If you assert your right to rebel against the government and win, you go down in history as a hero, a la Washington. If you assert your right to rebel and lose, you go down in history as a traitor a la Washington to the British.

To put this in more modern terms, we have a constitution that expressly guarantees me the right to KEEP and BEAR arms. Note that the exact wording says this right cannot be infringed (by the government at least since the constitution only restricts them and not private individuals). But you cannot legally carry your arms in several places in Texas, such as at a bar or in a professional sporting event.

So, you can have a right and still have laws forbidding it. What you forgot is if the government and courts recognize your right the same way you do.
you are confusing 'might makes right' with what would be a just and proper law. Government may have the power to force a law on the public, such as unconstitutional infringements on our right to bear arms, However that does not make the so-called law right, just, and proper, or an act of legitimate authority.

The same for secession and related actions. Win and you are right, lose and you are a criminal, does not address whether or not the act was an inherent right of self-determination. It only falls into the category of 'might makes right'

And a bar is not a proper example owing to that is private property, the owner has the authority to tell someone they cannot carry on his property. government does not have the legal authority to do so. government may have the power to force such laws however see my previous on such laws as well as your own post.

Again the same question. If acts such as secession or a revolt to the aim of secession from a given government are illegal per the laws of the parent government, then is what the Founders identified in the Declaration of Independence an untruth?

The answer to that question is a simple yes or no. Malum prohibitum is not always the truth, Malum in se is almost invariably the truth.
by wil
Sat Mar 05, 2022 11:48 am
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

jerry_r60 wrote: Fri Mar 04, 2022 10:52 am
wil wrote: Fri Mar 04, 2022 10:23 am
jerry_r60 wrote: Fri Mar 04, 2022 9:53 am
wil wrote: Thu Mar 03, 2022 7:18 pm
jerry_r60 wrote: Thu Mar 03, 2022 6:03 pm
wil wrote: Thu Mar 03, 2022 2:39 pm Next time someone says secession is illegal or that people don't have the right to self-determination as identified in the Declaration of Independence, remind them of how this state came to be an independent country and ask them if it was legal to do so.
Yes it was illegal, it was against Mexican law. There was a revolt and a declaration of independence. Same with the colonies declaring independence from Britain. It was against British law, the people revolted with a war and declared independence. Of course the south tried and failed to separate from the US.

There are people who have commented that they thought Texas had a right to declare independence legally, that's what is your hearing people respond to that incorrect and illegal. So not the same thing as how the state or the country were formed unless you are talking about revolution.
then by your logic what the Founders wrote in our Declaration of Independence is a lie?
You are certainly free to think that's what my logic dictates.
you didn't answer my question.

if what the Founders wrote in the Declaration of Independence is the truth, they correctly identified the right to self-determination and how that relates to the authority of government and it's purpose.
Is it the truth that no man-made law can legitimately supersede that right.

yes or no?

Because according to your statement and hence logic, secession or otherwise removing a government from a body politic was or is illegal according to government created laws. Be it Mexico, Britain, etc.
If what you state here is the truth, then what the Founders wrote & identified is not the truth, ie: a lie.

It is either/ or. Either one of these is the truth, there is no in between. Which is it? Is it illegal to engage in the right to self-determination as identified in the Declaration of Independence or is it illegal owing to government created law and hence what the Founders wrote is a lie?
This would be an interesting discussion around a cup of coffee. I saw your "question" about my logic more as a statement just with a question mark at the end so commented on that. I'll grant a big caveat, our constitution allows change.

In your original post you said to ask if Texas declaring independence was illegal. At that time it was under Mexican law and the answer would be yes so I wasn't sure what asking that did.

As for the Declaration of Independence question it makes interesting discussion around a table on what it means and how it applies in theory but we already have a test case in this country with states wanting to secede. I suppose some state may ask in the future and the federal decision go the other way.

We have also already had a SCOTUS decision in Texas vs White
what i wrote is called a logical conclusion based on your statement. If secession is illegal per man-made law such as Mexico or Britain, as you stated. Then the logical conclusion is what the Founders identified in the Declaration of Independence is a falsehood, ie: a lie.

It is why I said this is an either/or answer, either one or the other is the truth.

Either individuals have the inherent right of self-determination as identified in the Declaration of Independence and no 'law' has the legitimate authority to deny that right on any basis, OR man-made law has the authority to deny that right. Hence secession or related activities are illegal.

As for the Tx vrs White decision. Here is the question: If that decision is correct, then on what basis of authority does that court exist?
The court said the very action which created that court is illegal, secession. therefore it is a logical conclusion that court exists illegally, in violation of the british crown.

Their so-called 'ruling' is self-contradictory. Either that court exists legally as part of a legitimate government owing to the legality of secession, or secession per that court is illegal and therefore the logical conclusion is that court does not exist legally owing to it was created by an illegal act per it's own ruling.

Again, it is an either/or answer.

The same applies to your logic about a test-case. Did the south have the inherent right to self-determination, therefore the logical conclusion being what they did was lawful and Lincoln had no legal right to wage war against that new nation?
by wil
Fri Mar 04, 2022 10:23 am
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

jerry_r60 wrote: Fri Mar 04, 2022 9:53 am
wil wrote: Thu Mar 03, 2022 7:18 pm
jerry_r60 wrote: Thu Mar 03, 2022 6:03 pm
wil wrote: Thu Mar 03, 2022 2:39 pm Next time someone says secession is illegal or that people don't have the right to self-determination as identified in the Declaration of Independence, remind them of how this state came to be an independent country and ask them if it was legal to do so.
Yes it was illegal, it was against Mexican law. There was a revolt and a declaration of independence. Same with the colonies declaring independence from Britain. It was against British law, the people revolted with a war and declared independence. Of course the south tried and failed to separate from the US.

There are people who have commented that they thought Texas had a right to declare independence legally, that's what is your hearing people respond to that incorrect and illegal. So not the same thing as how the state or the country were formed unless you are talking about revolution.
then by your logic what the Founders wrote in our Declaration of Independence is a lie?
You are certainly free to think that's what my logic dictates.
you didn't answer my question.

if what the Founders wrote in the Declaration of Independence is the truth, they correctly identified the right to self-determination and how that relates to the authority of government and it's purpose.
Is it the truth that no man-made law can legitimately supersede that right.

yes or no?

Because according to your statement and hence logic, secession or otherwise removing a government from a body politic was or is illegal according to government created laws. Be it Mexico, Britain, etc.
If what you state here is the truth, then what the Founders wrote & identified is not the truth, ie: a lie.

It is either/ or. Either one of these is the truth, there is no in between. Which is it? Is it illegal to engage in the right to self-determination as identified in the Declaration of Independence or is it illegal owing to government created law and hence what the Founders wrote is a lie?
by wil
Thu Mar 03, 2022 7:18 pm
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

jerry_r60 wrote: Thu Mar 03, 2022 6:03 pm
wil wrote: Thu Mar 03, 2022 2:39 pm Next time someone says secession is illegal or that people don't have the right to self-determination as identified in the Declaration of Independence, remind them of how this state came to be an independent country and ask them if it was legal to do so.
Yes it was illegal, it was against Mexican law. There was a revolt and a declaration of independence. Same with the colonies declaring independence from Britain. It was against British law, the people revolted with a war and declared independence. Of course the south tried and failed to separate from the US.

There are people who have commented that they thought Texas had a right to declare independence legally, that's what is your hearing people respond to that incorrect and illegal. So not the same thing as how the state or the country were formed unless you are talking about revolution.
then by your logic what the Founders wrote in our Declaration of Independence is a lie?
by wil
Thu Mar 03, 2022 2:39 pm
Forum: Off-Topic
Topic: March 2, 1836 - Texas Declares Independence
Replies: 18
Views: 6325

Re: March 2, 1836 - Texas Declares Independence

Next time someone says secession is illegal or that people don't have the right to self-determination as identified in the Declaration of Independence, remind them of how this state came to be an independent country and ask them if it was legal to do so.

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