NesuD
Diamond Member
- Oct 9, 1999
- 4,999
- 106
- 106
Well I have always been of the opinion that technically there is nothing in our constiutution that prevents a state from withdrawing from the Union as long as it is the will of the people of that state. As I'm sure has been pointed out though It has been tried and the result was our country's civil war.
As is often the case in even the most democratic governments the will of some people sometimes overrides the will of the people, sometimes by force of arms.
Hypothetically the only type of situation that i could normally see this happening is in the case of severe idealogical differences concerning constitutional issues and civil rights issues. This was pretty much the case in our civil war. The secession basically was over the constitutional issue of "States Rights" with the slavery issue being the spark that brought it all to a boil. As we all know though right or wrong Some people forced their will on the people of the confederate states and didn't allow the secession.
Schadenfroh
Elite Member
- Mar 8, 2003
- 38,416
- 4
- 0
My state tried that once, blue soldiers came...... stole everything of value, destroyed the infrastructure, and then burned the major cities to the ground.
I would suggest against leaving the union.
I would suggest against leaving the union.
In the context of the OP, yes. Saying of the legalities of properly enter the union and then doing the reverse, no.
You cannot without a war go through court and such and say states rights and all that crap and break away without a fight.
Actually it is to protect the people from the union. If the gov't ever becomes tyrannical, we have the right to keep a militia to free ourselves.
Some people in vermont are trying to "The Second Vermont Republic is a peaceful, democratic, grassroots voluntary association committed to the return of Vermont to its rightful status as an independent republic as was the case from 1777 to 1791"
http://www.vermontrepublic.org/
http://www.vermontrepublic.org/
- Nov 29, 2006
- 17,458
- 83
- 86
How so? If your argument has anything about the Constitution being absolute, I'll prove to you how easily that could be amended. And as I've posted earlier in the thread, there is a possibility that a state can separate from the Union with mutual agreement among the States. Read up.
Huh? justices don't get a vote. For a state to secessed peacefully all that needs to happen is the president approves it. If the president doesn't invade the state then the state has secessed.
So
Lifer
- Jul 2, 2001
- 25,923
- 17
- 81
Originally posted by: f4phantom2500
http://www.snopes.com/history/american/texas.asp
http://tafkac.org/politics/texas_secession_rights.html
Yeah, I know the second one's been listed already, but basically they say that Texas can't secede (although I had always been told that we could), but we have the right to split up into 5 different states. I'm assuming that means 5 new states of the United States of America, not 5 different United States of Texas; it doesn't say explicitly but I assume the former because the latter contradicts the whole not being allowed to secede thing. On a side note, our state is bigger and better than yours.
IIRC, the 5 states thing is interpreted to mean that they could have split up THEN (i.e. at the time of annexation) and it is no longer an option.
No, it cannot happen. The law doesn't exist in a vacuum. Look at Planned Parenthood v Casey (1992) majority opinion -- Justice O'Connor essentially rips out all of the structure that Roe v Wade (1973) established yet declared the "central holding" to be so necessary to society as a whole that by removing it would cause irreparable harm to it.
Another reason why it won't happen is through the legal principle of stare decisis.
The court is just as political as the legislative and executive branches but there are some things, such as national unity, that will NEVER be approved of. That which is core to the national identity will not be removed by the courts.
Just declaring yourself "free from the U.S." doesn't, infact, make you free from the U.S.
"We are a nation of laws not men."
-John Adams, 2nd President of the United States of America
Schadenfroh
Elite Member
- Mar 8, 2003
- 38,416
- 4
- 0
And what army would stop a state from leaving the union?
The same army that is currently busy fighting in Iraq and Afganistan? Or would the Feds call in help from the unUnited Nations?
Personally if CA wanted to leave let em, It would stack the vote infavor of more rational people in DC.
LOL you watch too much CNN. You and your state go break away, let me know how it goes after you are starving and have no money because the rest of the US cut you off.
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