[QUOTE=doggin94it;4500243]No, no it can't. See the Supreme Court's decision in [I]Texas v. White[/I] as a good example of why not.
The bottom line is, admission to the Union carried with it an irrevocable commitment to the Union. Otherwise, states would be free to join the union when it benefited them to do so, take advantage of those benefits, and then leave as soon as the balance shifted in the other direction. There would be no reason for any state to enter into such a union.
Think about it. I come to you and offer you this deal: Let's go into a partnership. You support me, build me up, and then when the partnership will benefit you more than it benefits me, I'll leave.
Of course not. The Constitution has no exit clause, because with an exit clause there would be no Union [I]ex ante[/I].[/QUOTE]
So you see the Constitution as an Eternal Binding Contract, that binds all future generations of people for eternity to it, without any form of exit clause or sovreignty other than that which is provided for within the Constitution itself, i.e. a few Senators, Congressmen and the like.
Tell me, what is the legal basis, as you see it, for a Contract that binds all people, of all future generations for eternity to a contract signed 250, 1,000 or 10,000 years previous. Can a contract even be binding, should they democraticly choose to leave it, to people say a thousand years after the fact, who clearly had no part and no role in crafting the agreement, and themselves did not sign the contract?
Are there any other contracts that work in a similar fashion, signed one time, and binding all of humanity in that geographical location to it's terms for eternity with no redress to abandon the contract in total?
And how does this type of eternal contractual binding, of a contract that had no part in creating, no free will in accepting, and have no method of getting out from under relate to concepts such as Democracy, freedom, liberty and the rights of peoples to choose their own destiny? How does this differ from say, being born into illegal immigrant status, or ndentured servitude in the era when such a thing was legal? Once born, you are forced through no free will of your own (kinda like illegal immigrant children) into doing something you had no role in agreeing to, against your will, with no method for escape.
More importantly, would you say that no course of events should ever legitimize the democratic desire of a future generation to choose a different path to that deigned by there ancestors hundreds or thousands of years prior, other than via the mechanics laid down in the contract originally signed?
In a similar vein, could I craft a legal contract today, that would be then be enforced upon my progeny and decendants, make them beholden to it, for all the rest of human time even against their will?
Last edited by Warfish; 06-25-2012 at 03:21 PM.