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The Threat of Secession in Modern America: Our government seems hell-bent on maintaining its power over the American people, even if doing so increases the chances of something truly ugly happening
American Thinker ^ | 04/03/2023 | Michael Ange

Posted on 04/03/2023 7:20:06 AM PDT by SeekAndFind

Texas state representative Bryan Slaton introduced a bill, on the 187th anniversary of the fall of the Alamo, to allow Texans to vote on seceding from the United States. Yes, secession, as in the pre–Civil War abandonment. Slayton said in a tweet, "After decades of continuous abuse of our rights and liberties by the federal government, it is time to let the people of Texas make their voices heard." In fact, history teaches us that there are a few ways that this movement may be successful even without secession.

First the history. Most Americans may believe that this war was already fought and even that secession is not a legal course forward, but a little research proves that the question is far more complicated than it first appears. One need look no farther than the aftermath of the Civil War to see the seeds of doubt.

As legal historian Cynthia Nicoletti of the UVA School of Law notes in her recent book, Secession on Trial: The Prosecution of Jefferson Davis , it was far from settled law even in 1865, on the heels of the Civil War. She concludes that none of the Confederate leadership was prosecuted for treason because it was a real possibility that their actions were not illegal. The nation and the administration simply could not risk a finding by the federal courts that the war they had just completed was illegal and that the thousands of dead had been killed by that illegal act.

Article 1, section 10 of the U.S. Constitution says nothing about a prohibition upon the states to secede, nor does Article 1, section 8, which enumerates the specific powers of the federal government.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: demonicrats; hellbent; secession
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However the Tenth Amendment in the Bill of Rights does state, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

This would, on its face, seem to include the right of secession as being reserved to the States or the people.

Roll the clock back a few decades before what many Southerners still refer to as the War of Northern Aggression, and we find that as early as the 1820s, serious discussion of secession was before the US Congress. In 1833, in response to South Carolina's nullification of federal tariffs, Andrew Jackson signed his "Force Bill" into law. However, Jackson knew that threats of military force might lack the force of law and that threats alone could not maintain the Union, so he also reduced the questioned tariffs, essentially forestalling secession for few decades while recognizing that he had only cooled the simmering pot, not removed it from the fire.

1 posted on 04/03/2023 7:20:06 AM PDT by SeekAndFind
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To: SeekAndFind

Guess who DOESN’T have F-15s. Just sayin’.


2 posted on 04/03/2023 7:21:54 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: SeekAndFind

In the case of South Carolina, the Articles of Confederation to which it was a party specified a perpetual union.


3 posted on 04/03/2023 7:22:33 AM PDT by Brian Griffin
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To: SeekAndFind

The hatred of Trump that’s what it is seems to be leading us down a dark road.

Do the people on “The Right” or who claim to be “Patriots” or “Conservatives” do they have the guts to follow through?

My estimate of what happened in Venezuela 20 years ago is that Chavez had his people inside the opposition moles and I think the Republicans-Conservatives are in the same spot today.

Hugo Chavez came out of the military and used national police and military to carry out his will including seizure of tactical weapons from all local police departments.


4 posted on 04/03/2023 7:24:09 AM PDT by Nextrush (FREEDOM IS EVERBODY'S BUSINESS-REMEMBER PASTOR NIEMOLLER)
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To: rktman

Modest size missiles could make scrap metal out of F-16s.

https://www.rafael-usa.com/programs/python-5/


5 posted on 04/03/2023 7:24:22 AM PDT by Brian Griffin
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To: rktman

The handful of operational aircraft the feds have cannot put down and insurrection of hundreds of million of “rebels” in 20+ states.


6 posted on 04/03/2023 7:25:11 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: rktman

How many pilots would defect?


7 posted on 04/03/2023 7:25:50 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: SeekAndFind

One way to separate that would unquestionably be legal is via constitutional amendment. That is a very high bar but I’m not so sure that splitting up the country would be unpopular in the Deep Blue areas like New York City and San Fransicko. They might be happy to have a Senate dominated by small population / more conservative areas out of the way as an impediment to their construction of a Socialist utopia.

In any event, nothing will happen until and unless a ‘national divorce’ becomes part of the mainstream pubic conversation. Which personally I will welcome.


8 posted on 04/03/2023 7:26:25 AM PDT by Stingray51 ( )
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To: Nextrush

“Chavez had his people inside the opposition moles”

Large groups are easy prey.

Stay small and live another day.


9 posted on 04/03/2023 7:26:57 AM PDT by Brian Griffin
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To: SeekAndFind

People think it is us ( real America ) against the feds. No it is not. The real conflict. if it goes kenetic. is states like FL and TX are are really at war with NY and CA. The feds are just in the way.


10 posted on 04/03/2023 7:27:38 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: SeekAndFind
The real conflict, if it goes kenetic, is states like FL and TX are are really at war with NY and CA. The feds are just in the way.

Fixed it.

11 posted on 04/03/2023 7:29:08 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: SeekAndFind

We need a national divorce. No war. Agreements. Settle the financial issues. Agree to a unified defense against foreign wars…. And create a handful of republics (largely regional) that self govern.


12 posted on 04/03/2023 7:35:50 AM PDT by kjam22
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To: SeekAndFind

There are people who know what to do and are geographically capable of action.

Neither Biden, his goons, or those here demanding action will spur them into action, or stop them if the courts fail to stop Donkey Communist constitutional breaches.


13 posted on 04/03/2023 7:38:19 AM PDT by Brian Griffin
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To: SeekAndFind

Everyone should re-read the fourth paragraph of the Declaration of Independence.

Thomas Jefferson, James Madison, Patrick Henry, and Thomas Paine are alive and well, if only in spirit, at this point in the 21st century.


14 posted on 04/03/2023 7:38:54 AM PDT by BrexitBen
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To: rktman

Many/most states have an Air National Guard. Many of those units do have F-15s, F16s, etc.


15 posted on 04/03/2023 7:40:20 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: Brian Griffin

“In the case of South Carolina, the Articles of Confederation to which it was a party specified a perpetual union.”

Those Articles were superseded by the Constitution.

Just saying.

L


16 posted on 04/03/2023 7:41:46 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: CA Conservative

I would say half of USAAF pilots would be grounded because of a potential defection threat.


17 posted on 04/03/2023 7:42:31 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: SeekAndFind
This would, on its face, seem to include the right of secession as being reserved to the States or the people.

This is precisely why I don't revere Lincoln as an American secular saint as we are taught to do. Lincoln was, in many respects, a terrible president. Yes, ending slavery was vital, but refusing to allow what were then sovereign states to go their own way was a horrible move. It is what led inexorably to the monstrous out-of-control federal behemoth we have today. There were other ways to pressure the South to end slavery than to force a civil war.

18 posted on 04/03/2023 7:48:18 AM PDT by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
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To: SeekAndFind

They are not alone. There’s lots of interest in parts of Oregon peeling off and merging with Idaho. Then there’s the perennial Eastern Washington folks that want to divorce from Washington State along the Cascade Curtain. The Oregon/Idaho coalition seems to be growing legs.


19 posted on 04/03/2023 7:54:54 AM PDT by bigfootbob (Arm Up and Live Free!)
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To: SeekAndFind
If the current Constitution is simply a new form of government that continued the Articles of Confederation, then the other conditions of the Articles still apply. The Articles of Confederation are articles of perpetual union:

... agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in the Words following, viz. “Articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

This is the basis of the legal claim that the union cannot be broken. Only Texas had a claim to the right to secede before 1860, but since the current State of Texas was reincorporated by force after 1865, it probably no longer possesses that legal right.

20 posted on 04/03/2023 7:56:15 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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