5fish
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I ask " Did Lincoln have the right to use armed forces against states breaking Federal laws and to enforce Federal law?"
I say "Yes !" because of a bill call the Force Bill 1833... It authorizes the President to use armed forces to ensure the collection custom tariffs. The Force Bill rejected the concept of individual states' rights to nullify federal law or to secede from the Union. A note : The Force Bill was later used by President Eisenhower when schools in Little Rock, Arkansas refused to integrate their schools.
President Lincoln and President Buchanan could have and should have threaten the southern states with the Force Bill and even used the Force Bill to keep the southern states in the union or at least by time for a compromise in the congress. The Force Bill was the hammer that should have been used from day one to keep the southern states in line.
The true importance of the Force Bill is that it is the first piece of legislation to publicly deny the right of secession to individual states. Its approval meant that the principle of secession was no longer in keeping with the idea of a national union.
So all these arguments about secession was legal or not was answered in the Force Bill 1833. The answer: secession is illegal and treasonous...
NOTE:
The Force Bill was a temporary statute and its enforcement provisions were limited:
"SEC. 8. And be it further enacted, That the several provisions contained in the first and fifth sections of this act, shall be in force until the end of the next session of Congress, and no longer."
A Force Bill was introduced during February 1861, by Ohio congressman Benjamin Stanton but the 36th Congress adjourned March 4, 1861 without passing the bill. Lincoln of course was inaugurated on the same day and Congress would not reconvene until called back into emergency secession following the attack on Ft. Sumter. By then there was no reason to pass a Force Bill.
NOTE:
This is the argument in the proceeding years was enacted in the proceeding consecutive congresses some say it was. It was an ongoing discussion proceeding the civil war... I still looking into Pres. Eisenhower use of Force Bill. It was an executive order he used to send the troops to Arkansas. I wonder if the Force Bill was used to justify the executive order.
I say "Yes !" because of a bill call the Force Bill 1833... It authorizes the President to use armed forces to ensure the collection custom tariffs. The Force Bill rejected the concept of individual states' rights to nullify federal law or to secede from the Union. A note : The Force Bill was later used by President Eisenhower when schools in Little Rock, Arkansas refused to integrate their schools.
President Lincoln and President Buchanan could have and should have threaten the southern states with the Force Bill and even used the Force Bill to keep the southern states in the union or at least by time for a compromise in the congress. The Force Bill was the hammer that should have been used from day one to keep the southern states in line.
The true importance of the Force Bill is that it is the first piece of legislation to publicly deny the right of secession to individual states. Its approval meant that the principle of secession was no longer in keeping with the idea of a national union.
So all these arguments about secession was legal or not was answered in the Force Bill 1833. The answer: secession is illegal and treasonous...
NOTE:
The Force Bill was a temporary statute and its enforcement provisions were limited:
"SEC. 8. And be it further enacted, That the several provisions contained in the first and fifth sections of this act, shall be in force until the end of the next session of Congress, and no longer."
A Force Bill was introduced during February 1861, by Ohio congressman Benjamin Stanton but the 36th Congress adjourned March 4, 1861 without passing the bill. Lincoln of course was inaugurated on the same day and Congress would not reconvene until called back into emergency secession following the attack on Ft. Sumter. By then there was no reason to pass a Force Bill.
NOTE:
This is the argument in the proceeding years was enacted in the proceeding consecutive congresses some say it was. It was an ongoing discussion proceeding the civil war... I still looking into Pres. Eisenhower use of Force Bill. It was an executive order he used to send the troops to Arkansas. I wonder if the Force Bill was used to justify the executive order.