Found at : Free North Carolina
“Since the Constitution doesn’t forbid the states to secede, the North found it necessary to violate the Constitution in order to suppress Southern independence. Lincoln was forced to usurp legislative powers by raising troops and money and by suspending the writ of habeas corpus; when Chief Justice Roger Taney ruled such acts unconstitutional, Lincoln wrote an order for Taney’s arrest! He never followed through on that, but he did illegally arrest 31 antiwar members of the Maryland legislature and install a puppet government. He went on to crush freedom of speech and press throughout the North. Such was Lincoln’s idea of ‘preserving the Constitution’ and ‘government of the people, by the people, for the people.'”
— Joseph Sobran
Excepts from: The Reluctant Anarchist
My arrival (very recently) at philosophical anarchism has disturbed some of my conservative and Christian friends. In fact, it surprises me, going as it does against my own inclinations.
Hans argued that no constitution could restrain the state. Once its monopoly of force was granted legitimacy, constitutional limits became mere fictions it could disregard; nobody could have the legal standing to enforce those limits. The state itself would decide, by force, what the constitution “meant,” steadily ruling in its own favor and increasing its own power. This was true a priori, and American history bore it out.
What if the Federal Government grossly violated the Constitution? Could states withdraw from the Union? Lincoln said no. The Union was “indissoluble” unless all the states agreed to dissolve it. As a practical matter, the Civil War settled that. The United States, plural, were really a single enormous state, as witness the new habit of speaking of “it” rather than “them.”
So the people are bound to obey the government even when the rulers betray their oath to uphold the Constitution. The door to escape is barred. Lincoln in effect claimed that it is not our rights but the state that is “unalienable.” And he made it stick by force of arms. No transgression of the Constitution can impair the Union’s inherited legitimacy. Once established on specific and limited terms, the U.S. Government is forever, even if it refuses to abide by those terms.
Christians, and especially Americans, have long been misled about all this by their good fortune. Since the conversion of Rome, most Western rulers have been more or less inhibited by Christian morality (though, often enough, not so’s you’d notice), and even warfare became somewhat civilized for centuries; and this has bred the assumption that the state isn’t necessarily an evil at all. But as that morality loses its cultural grip, as it is rapidly doing, this confusion will dissipate. More and more we can expect the state to show its nature nakedly.
For me this is anything but a happy conclusion. I miss the serenity of believing I lived under a good government, wisely designed and benevolent in its operation. But, as St. Paul says, there comes a time to put away childish things. Full essay here