In the Shadow of Our Founders: Part Three

Is the Constitutional Union Perpetual?

Part Two of this series showed that the Articles of Confederation, while acknowledging the independence and sovereignty of the states, declared the Union to be "perpetual." This was one of the "impossibilities" decried by Madison. As Lincoln pointed out in his First Inaugural, the Constitution replaced the Articles of Confederation, claiming that it established "a more Perfect Union." Lincoln's consequent argument against secession was that the lawful possibility of "the destruction of the Union, by one, or by a part only, of the States" makes the Union less perfect than before. This is clearly contradictory to the stated aim of the Constitution. His point is a salient one, and it is consistent with Madison's claim that the Constitution was a remedy to the defects and "impossibilities" of its predecessor.

The only possible counter to Lincoln's argument is that the Founders believed the Union to be "More Perfect" by allowing for its dissolution. Lincoln"s side counters that, if this were the case, such an allowance should be readily identifiable in the Constitution itself. Yet, there exists no provision in the Constitution explaining procedures of secession or peaceful separation from the Union.

Moreover, the very purpose of the Constitution was to strengthen and preserve the Union. In Federalist #84, Alexander Hamilton wrote: "The great bulk of the citizens of America are with reason convinced, that Union is the basis of their political happiness. Men of sense of all parties now, with few exceptions, agree that it cannot be preserved under the present system [the Articles of Confederation], nor without radical alterations."

Ultimately, it's downright impossible to dispute Lincoln's logic, especially in light of The Federalist Papers. If the Constitution allows for a single state or group of states to unilaterally pull out of the Union for any reason, then the Union cannot be regarded as better than what was constituted under the Articles of Confederation, and certainly not "More Perfect."

Something very often overlooked in this debate is once again the clear language of the Constitution itself. Following the supremacy clause (discussed previously), Article VI also contains this edict: "The Senators and Representatives, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and the several States, shall be bound by oath or affirmation to support this

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