should jeff davis have been hanged?

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Absolutely not. If anything, Abe Lincoln should have been hanged for treason.

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The Supremacy Clause argument is circular. The issue is precisely whether a state, upon declaration of secession, is still a part of "the Land."

That's a rather literalistic interpretation of the term of art "law of the land."

The Constitution cannot be "supreme" if another legislative act (namely, the declaration of secession) can completely displace it, nor can it be "law" if obedience to it is purely voluntary.

First of all, the Constitution was ratifed under the pretext that states could secede from the Union, so changing that interpretation would be illegal. Second, any contract that prevents one party from withdrawing from the contract would be a slave contract, and thus invalid. Third, the fact is that the Constitution is not binding since all of the original signers are dead.

[SPC]

The Supremacy Clause argument is circular. The issue is precisely whether a state, upon declaration of secession, is still a part of "the Land."

That's a rather literalistic interpretation of the term of art "law of the land."

The Constitution cannot be "supreme" if another legislative act (namely, the declaration of secession) can completely displace it, nor can it be "law" if obedience to it is purely voluntary.

First of all, the Constitution was ratifed under the pretext that states could secede from the Union, so changing that interpretation would be illegal. Second, any contract that prevents one party from withdrawing from the contract would be a slave contract, and thus invalid. Third, the fact is that the Constitution is not binding since all of the original signers are dead.

But the states that ratified the Contract are still alive.

Last time I checked, states weren't human. As far as I'm concerned, only individuals can ratify contracts.

[SPC]

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Firstly, you have not provided any evidence whatsoever for this claim.

It has been documented several times in The Politically Incorrect Guide to the Constitution and The Politically Incorrect Guide to American History that Rhode Island, Virginia, and New York ratified the Constitution under the pretext that they could withdraw from it at any time.

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Where does it say secession is forbidden? I do not see secession mentioned anywhere in the Constitution, and the 10th Amendment gives states any powers not mentioned in the Constitution. Therefore, states have the right to secede. In addition, the Constitution does not grant the federal government any power to stop secession, so even if secession were illegal, it would have to go unenforced.

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There are a number of problems with this view. Most importantly, the Constitution is not a mere contract. It is the "law of the land."

But even if we accept the idea that the Constitution is a contract, your analysis is inadequate. By definition, a contract is binding. The whole point of a contract is that all parties irrevocably commit themselves to the terms. This is why breach of contract is forbidden. [/quote]

So by that definition, quitting your job is also forbidden, for it is a breach of contract. It would be illegal if one party commited themselves to the terms but the other didn't, however that is not the case. I quit my job, The employer stops paying me. I secede from the United States, I no longer have the 'protection' of the United States government. Also, why should a social contract be looked at any differently than a civil contract? Does calling it the "law of the land" suddenly give the contract the magical power to become binding on people who have never signed it?

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I am not attempting to discuss whether secession is just or unjust. I am merely saying that it is unconstitutional. If you want to argue that the Constitution is not binding because its signers are dead, you are free to do so, but I doubt that any reasonable person would take you seriously. [/quote]

Obviously you think it is unjust, because otherwise the unconstitutionality of it would be a moot issue. Also, the justness of secession is important, because based on your responses, I would take it that you would like to hang Jefferson Davis for a just cause, more evidence that you think it is unjust. Also, could you name a contract besides a charter or constitution that is binding on people who have not signed it?

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Last time I checked, states weren't human. As far as I'm concerned, only individuals can ratify contracts.
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But the States were the main groups in the Contract.
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If only individuals can ratify contracts, then the Constitution is not a contract, because it was ratified by the states. You are simply contradicting yourself.
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That is not a contradiction, it is simply stating that the Constitution was never valid in the first place.

[SPC]

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Firstly, you have not provided any evidence whatsoever for this claim.

It has been documented several times in The Politically Incorrect Guide to the Constitution and The Politically Incorrect Guide to American History that Rhode Island, Virginia, and New York ratified the Constitution under the pretext that they could withdraw from it at any time.

Even were that the case, that does not permit other states the "we had no idea" argument for secession. Moreover, ignorance of the terms of entering into the Constitution is not a legally valid excuse for later attempting to leave. And the validity of your statement certainly is not proven by appearing in a single agenda-laden pair of books.

As I said earlier, even if it were the case that secession was banned, the federal governmet was granted no power in the Constitution to enforce such a ban, so secession would have to be permited.

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I think secession was never mentioned because it was never envisioned by the founders. Even so, it took congressional approval to get in, it should take the same to get out.

Incidentally, non-living entities can sign contracts. Governmental agencies and corporations do it all the time.

If they had wanted to prevent secession they either would have made it illegal under the constitution or not ratified the 10th Amendment. Corporations are owned by voluntary shareholders.

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Rhode Island, Virginia, and New York ratified the Constitution under the pretext that they could withdraw from it at any time.

Please provide some citations to, and/or quotations of, primary source materials.

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http://www.lewrockwell.com/dilorenzo/dilorenzo41.html

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Lew Rockwell isn't a valid source.

That person writing the article also wrote two books on the Civil War period.