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A Legal Review of Secession, 150 Years Later
survivalblog.com ^ | 11-14-12 | Terry E. Hogwood

Posted on 11/14/2012 7:39:13 PM PST by dynachrome

Conclusions

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 ...


TOPICS: Chit/Chat; Education; Society
KEYWORDS: laws; legality; secession
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To: dynachrome

We must do what we have to do, I can go along with being hated on internet forums because I won’t back down in a head butting contest, its the internet fer crying out loud.

Now out in the sunshine on the steps leading to any governors office is the reality, then we petition, we gather together, we legally demand our states to band together against what is arguably a flagrant illegal control of Washington DC.

Elections have consequences, and rigged ones many many times more so.

We are coming Washington DC. Prepare while we are polite.


41 posted on 11/15/2012 3:11:23 AM PST by Eye of Unk
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To: Morris70

Shooting from miles away doesn’t do you a whole lot of good when you are an occupying army on hostile territory where the enemy looks like everyone else.


42 posted on 11/15/2012 6:07:00 AM PST by Boogieman
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To: dalereed

“All other states were US territory before they became States.”

Well, the 13 original colonies pre-dated the US...


43 posted on 11/15/2012 6:11:54 AM PST by Boogieman
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To: dynachrome

CA and TX are both republics and can legally secede anytime they want. However if a state or states decide to secede from the Union they are past careing what a court thinks. It would take force to keep them in.

We dont’ need secession to control the Federal govt. We just need for the states to start exercising the 10 the Ammendment.


44 posted on 11/15/2012 8:04:57 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Boogieman

Not necessarily true. The Afghans managed to outlast and fight Queen Victoria’s finest a century or so ago. They gave the Soviets a bloody nose and now they are giving us a hard time. Ever hear of asymmetrical warfare?


45 posted on 11/15/2012 9:24:20 AM PST by Nowhere Man (Whitey, I miss you so much. Take care, pretty girl. (4-15-2001 - 10-12-2012))
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To: Nowhere Man

Of course I’ve heard of assymetric warfare, that’s exactly what I was talking about in my post. The person I was replying to was implying that our high-tech planes, bombs, and drones would make any resistance ineffective, which is just silly, considering that a bunch of stone age arabs were able to counter those same weapons for years in very recent history.


46 posted on 11/15/2012 9:51:46 AM PST by Boogieman
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To: Arlis
I like Glenn Beck's idea of going the 10th Amendment route first before secession although generally, I'm for the latter as well. The point is, that you agree with it, is the only way to answer the question is is secession does accour, will it be peaceful? If not and there is a fight, the seceding party must be able to either win outright (if the Confederates took DC and Lincoln as a POW) or at least be able to hold them off on their own or prove to the world they can stand up and hopefully get help from those sympathetic to the cause. If the South won a few key battles and/or Gettysburg, I think the North would have had to deal, they would be more drained.

It's like the old adage, if you're going to defy the king, you either have to wipe him out to the point where you make him say "Uncle" or make it so hard that he sees that it would be a lost cause and he'll leave you alone and go your way.
47 posted on 11/15/2012 12:02:32 PM PST by Nowhere Man (Whitey, I miss you so much. Take care, pretty girl. (4-15-2001 - 10-12-2012))
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To: Boogieman

I think I replied to the wrong poster but still, we’ve made our point. It is sort of like our version of the Ewoks vs. the Empire in Star Wars. B-) Of course, there is one way, nukes, but that can backfire, the bad guys have to live here too. B-)


48 posted on 11/15/2012 12:04:47 PM PST by Nowhere Man (Whitey, I miss you so much. Take care, pretty girl. (4-15-2001 - 10-12-2012))
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To: Hawk1976
I don’t want to find out, but how many divisions would it take to hold Georgia, if Georgia really wanted out?

How many divisions would it take to get Georgia out of the union?

Fulton and DeKalb counties (Atlanta) were about 2-1 for Obama. The heavily African-American counties running through the middle of the state are likewise Democrat.

Even suburbanites who didn't like Obama at all might prefer the United States to some new country. "Georgia" isn't some being with one will and treating it as such would be a mistake.

Secession is often seen as some expression of the general will beyond politics or as a libertarian strike against government. But it doesn't get rid of corrupt politics or government power.

49 posted on 11/15/2012 1:34:10 PM PST by x
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To: TBP
There is nothing that prohibits secession. Thus, it would be legal.

According to the supremacy clause of the Constitution (Article VI, Clause 2), U.S. Constitution, Federal Statutes, and U.S. Treaties are "the supreme law of the land" within their sphere of powers, so a state can't simply declare that those laws don't apply to it or within its borders.

Secession would be possible if Congress agrees and enacts a law to that effect (or possibly through a constitutional amendment), but not unilateral secession by one state or group of states without the approval of Congress.

50 posted on 11/15/2012 1:38:57 PM PST by x
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To: x

The Republic of Texas was not annexed by Treaty, which it should have been since it was a separate nation. It was accomplished through a vote in Congress and a vote by the Republic, because the two countries could not come to a Treaty agreement. If we voted to be annexed, it seems logical that we could vote to be “de-annexed.” It ought to be simple, since it wasn’t done properly to begin with.


51 posted on 11/15/2012 1:59:15 PM PST by nanetteclaret (Unreconstructed Catholic Texan)
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To: x

The Constitution is the “supreme law of the land.” That does not affect whether or not one can secede. The states created the union, thus states can withdraw from the union.


52 posted on 11/15/2012 8:48:51 PM PST by TBP (Obama lies, Granny dies.)
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To: dynachrome
A fair number of court cases cited in the article.

So do you think Obamacare is constitutional? Do you think the Constitution guarantees a right to abortion? Do you believe that at one time the Constitution allowed "separate but equal" but then, without a word of the Constitution changing, it does not allow that? The Supreme Court has made all those specious claims.

53 posted on 11/15/2012 8:52:03 PM PST by TBP (Obama lies, Granny dies.)
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To: INVAR

Well stated, INVAR. A case I have made numerous times.


54 posted on 11/15/2012 8:55:38 PM PST by TBP (Obama lies, Granny dies.)
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To: dalereed

Hawaii was an independent kingdom before joining the United States.


55 posted on 11/15/2012 9:07:00 PM PST by TBP (Obama lies, Granny dies.)
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To: Georgia Girl 2
We dont’ need secession to control the Federal govt. We just need for the states to start exercising the 10 the Ammendment.

Correct, and secession should be a last resort. but if all else fails, you simply leave and start over.

56 posted on 11/15/2012 9:09:16 PM PST by TBP (Obama lies, Granny dies.)
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To: INVAR
Secession is what our Founders initiated... So why should we be any different just because the federal tyranny says, like the King of England, that Independence from their rule and authority is treason and unlawful?

They took a college course in sociology and are smarter than you. Since they're smarter than you, they don't have to argue with you.

Any other questions?

57 posted on 11/15/2012 9:17:47 PM PST by St_Thomas_Aquinas (Viva Christo Rey!)
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To: NTHockey
b)states are indeed subservient to the federal government, contrary to the Constitution.

Wasn't that "settled," for worse, by the Civil War?

Most importantly, the principle of local control, or "subsidiarity," is part of the natural law. A confederation of states, held together loosely by a federal government (the pre-Civil War United States), would be more in keeping with this principle.

58 posted on 11/15/2012 9:24:01 PM PST by St_Thomas_Aquinas (Viva Christo Rey!)
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To: TBP
The states created the union, thus states can withdraw from the union.

Correct. States can allow secession and the avenue would be Congress, but individual states cannot unilaterally withdraw.

59 posted on 11/17/2012 8:45:20 AM PST by rockrr (Everything is different now...)
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To: rockrr
individual states cannot unilaterally withdraw.

Of course they can. It's the state that is sovereign. We are a federal republic composed of sovereign states.

Nothing in the Constitution prohibits secession if a state chooses to do so.

60 posted on 11/17/2012 8:48:25 AM PST by TBP (Obama lies, Granny dies.)
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