Skip to comments.A Legal Review of Secession, 150 Years Later
Posted on 11/14/2012 7:39:13 PM PST by dynachrome
Under present federal Supreme Court jurisprudence: The union which is the United States can never be dissolved by an independent action of one state (unless approved by Congress and/or the other states?) An individual state may never secede. Apparently, only people rebel - the states remain a part of the Union. Secession can be successful only if accomplished by force of arms (or agreement of the other states/Congress).
(Excerpt) Read more at survivalblog.com ...
A fair number of court cases cited in the article. I have not plowed thru them, myself.
What happens when the law is not your ally anymore?
None dare call it reason, for if it doth prosper....
None dare call it treason, for if it doth prosper....
All the people that signed will end up on the no fly list LOL
arghh. hit the post button too fast. “treason”
The old adage “War doesn’t determine right or wrong, only who survived” applies here.
The American Civil War only proved that a more populous, wealthier, more industrialized nation can defeat a smaller populated, more agrarian nation so long as it doesn’t lose it’s will to fight.
I don’t want to find out, but how many divisions would it take to hold Georgia, if Georgia really wanted out?
People understood where we were going 50 years ago. No one listen to them. People laughed a them. They were absolutely right.
It doesn’t matter much what the Supreme Court jurisprudence is when it comes to this subject. Secession simply isn’t something that will ever really be stopped in the court system, so their opinion is meaningless. If a state believes it has the right to secede, and passes such a motion, then it would not recognize the Supreme Court’s authority to judge the matter.
Besides which, the rulings are fundamentally flawed. If states don’t have the right to secede without the approval of the other states, then they never would have had the right to form a union of states in the first place either, which means the Supreme Court has no valid standing to judge anything. You can’t have a right to self-governance that is valid only up to the point when you exercise it. That would not be a right at all.
In the Civil War both sides wore uniforms. What if one side doesn’t? Some wanted to continue with guerrila warfare. It would have been very ugly.
There is nothing that prohibits secession. Thus, it would be legal.
>None dare call it reason, for if it doth prosper .
No, you’re right:
“Government is not reason; it is not eloquent; it is force.” — George Washington [attributed]
“I dont want to find out, but how many divisions would it take to hold Georgia, if Georgia really wanted out?”
It would be a nightmare for both sides if it came to that. Just think of how many people living in any random state that you pick, have spent years seeing first hand how modern insurgency operations work. They may have been on the other side of those operations, but I’m sure they wouldn’t have a lot of trouble adopting those same tactics themselves, if they wanted to.
The SC has ruled, as indicated in this article, “...... The doctrine of secession is a doctrine of treason, and practical secession is practical treason, seeking to give itself triumph by revolutionary violence.”
I see serious problems for seccessionists here.
Interesting that, like some cultic churches - it’s great for a state to join the Union - but once you join, you can never leave.
So much for freedom.
What are the first words of the Declaration of Independence again?
Ha. All gov’ts are force, mild or otherwise, I guess.
Now, let’s put this all together.... White House puts out on their website, petitions to seceded from the nation. This administration approves the acquisition of millions of round of ammunition for the DHS and other depts for “no apparent reason.”
Anyone else seeing the picture yet?
But, obviously, not all the people of a state will want secession. How does a state secede? It just says it secedes and that’s it? What do the people do who don’t want to secede but still want to live in their state? Would there be a civil war within the state? It can’t be a simple matter. It seems like there would be a lot of legal issues to iron out. I live in Louisiana and would love to see it secede, but I have a lot of friends and relatives who don’t agree. To me, it seems mind boggling.