How Libertarians Ought To Think About The U.S. Civil War (Excerpt!!!!!)

 

How Libertarians Ought To Think About The U.S. Civil War

 

Reason Papers ^ | Spring 2006 | TIMOTHY SANDEFUR

 

Posted on Monday, September 17, 2007 5:35:27 PM by Delacon

 

GyGRet (Photo credit: GunnyG1345)

 

How Libertarians Ought To Think About The U.S. Civil War

 

By Timothy Sandefur

 

[Reason Papers vol. 28, pp. 61-83, Spring 2006]

 

I. Introduction

 

For decades, outspoken libertarians have seen the Civil War not

 

RPREVOLU (Photo credit: GunnyG1345)

 

only as a

 

historical calamity, but as a political calamity as well. According to many libertarians,

 

the Union victory in the Civil War, and the presidency of Abraham Lincoln in general,

 

represented a betrayal of American Constitution and of the fundamental principles of

 

American political philosophy.

 

 

This interpretation rests on two major arguments as well as a variety of more

 

minor concerns. The more minor concerns include specific critiques of the policies of the

 

Lincoln Administration, or of the conduct of the War by Union forces. For example,

 

many libertarians condemn the Union for instituting a military draft, or for suspending

 

the writ of habeas corpus.

 

gophum (Photo credit: GunnyG1345)

 

There are many of these specific criticisms, which deserve

 

detailed discussion which cannot be provided here.1 Suffice to say that some of these

 

criticisms are well-founded; indeed, libertarians deplore war precisely because it tends to

 

give rise to such evils.

 

Understanding the Civil War as a matter of political philosophy, however,

 

requires a systematic, two-step analysis: first, does a state have the legal authority under

 

the United States Constitution, to secede unilaterally? If the answer to this question is

 

yes, then the analysis is at an end: if states have the right to secede, the Union was in the

 

wrong to put down the Confederacy. If, however, the answer is no, then we must proceed

 

to a second step: even illegal acts, like the American Revolution, are justified by the right

 

1 For example, it ought to be noted that the Confederacy instituted a military draft as well, and did so before

 

the Union did. J. McPherson, Battle Cry of Freedom (New York: Ballantine, 1988) p. 427.

 

of revolution, so even if the Constitution does prohibit secession, the people of the

 

southern states had the right to rebel against the Union, if their act was a legitimate act of

 

revolution. It is essential to keep in mind the distinction between secession and

 

revolution. As Lincoln wrote, “It might seem, at first thought, to be of little difference

 

whether the present movement at the South be called ‘secession’ or ‘rebellion.’ The

 

movers, however, well understand the [*62] difference.”2 Was, then, the Confederate

 

rebellion a legitimate act of revolution?

 

The prevailing libertarian answers to these questions are, first, that states have the

 

constitutional right to secede, and that Abraham Lincoln violated the Constitution by

 

leading the nation into war against the seceding states. This argument is based on the

 

“compact theory” of the Constitution. Second, the prevailing argument holds that the

 

rebellion represented a legitimate act of revolution. This argument is based on the

 

concept of “self-determination.”3 These premises, however, are invalid, as are the

 

prevailing libertarian conclusions. In fact, states have no constitutional authority to

 

secede from the union unilaterally; nor were southern states engaged in a legitimate act of

 

revolution, because they initiated force, rather than acting in defense of individual rights.

 

II. Do States Have The Legal Right to Secede?

 

A. Three Interpretations of Union………….

 

EXCERPT!!!!!

 

(Very LONG Article)

 

via How Libertarians Ought To Think About The U.S. Civil War.

 

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