I was listening to this interesting radio programme about US Health Reform (and possible impact on other Health Care systems) and thought I would point you in its direction.

I think you may find it to be without significant bias. Your views would be interesting

Link:
US Health Reform: Beware of Side Effects! Radio 4 programme

This programme is available for a limited time after the date of this post (7 days I think)

Law and the Constitution of the United States and Secession.

The United States of America was declared in 1776 from the original 13 British North American Colonies. The legal system in existence at the time being British, and based upon the Common Law and Equity. The common law allows any action that is not forbidden by law. This is still the fundamental basis of the law of the United States of America.

Now I here you say what of the Constitution - is that not the fundamental law of the USA. Well, yes and no. I would argue that the constitution is not the fundamental law of the nation just a set of privileged laws that were established to guide the operation of the American system of government and its relationship with the people so governed. Thus unless an action or enactment is unconstitutional then it is permitted under the common law.

Now the United States was formed of ' sovereign states' (or colonies in rebellion claiming that the states are independent of Britain) with sovereign power some of which they surrendered to the federal government via the constitution of the United States. That constitution regulated the actions of the Federal Government and over-rode the constitutions of the individual states.

However, in 1861 several of the States of the Union exercised their right to leave the union. That this is their right cannot be denied because it was not forbidden by the Constitution of the United States, furthermore the right of the people to exercise autonomy and to choose their government was enshrined in the Declaration of Independence. Thus the War between the States was an illegal war of repression conducted by Lincoln without proper legal or constitutional authority.

To Conclude and re-iterate then:

The secession states were legally justified in their actions. For a nation born in rebellion upholding the right of states and people to rebel and choose a government of their choosing cannot then impose a tyranny on those constituent parts that choose to leave. The constitution does not forbid secession and the right to choose your government was held as self evident in the Declaration of Independence.