During the Civil war period the South felt that they had the reasons they had seceded from the union were justified, however they were not. The south had no justified reason to secede from the union. They were still bound to the constitution, had no legal right to secede, and broke numerous laws such as forming an illegal alliance and attacking the United States (at Ft. Sumter).
The constitution was created as the basis of the United States government. Every law that is passed has to be made in agreement. This is where the concept of judicial review comes in; with judicial review the South could not argue that the government was favoring the north or any other part of the country. The south had an equal say in the national laws just like any other part of the United States. This would also discredit the South's claim they were receiving unfair laws that were passed by the federal government.
The argument could be made that the election of 1860 was a cause for seceding, but this is not true. Abraham Lincoln won the election without any southern votes, the south felt as though they were being looked over and could not count on the federal government. In spite of this the southern states had sign an agreement to every election method when they had signed and ratified the constitution. The election of 1860 was fair and the South cannot use the election as a solid reason for succeeding from the government.
The constitution indicates that secession is unconstitutional and because of that calling it a legal right cannot defend it. When the Southern states had voluntarily joined the Union it was also there belief that they could leave, this was not true. They signed under Article VII of the Constitution, which reads: "The Ratification of the states shall be sufficient for the Establishment of this Constitution." So really they ratified the constitution making it their own permanent government.
After the South attempted to sece...