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To: swain_forkbeard
One simplistic but fair reading would be that since there is no provision for leaving the Union, and since all authority not specifically granted to the federal government is retained by the various States, then the States retain the right to leave the Union.

This especially makes sense when you consider that a state is bound to the Union by its ratification of the Consitution by its state legislature. Nothing anywhere says that ratification can't be revoked by that same legislature.
30 posted on 08/27/2007 2:14:45 PM PDT by JamesP81 (Keep your friends close; keep your enemies at optimal engagement range)
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To: JamesP81; swain_forkbeard
One simplistic but fair reading would be that since there is no provision for leaving the Union, and since all authority not specifically granted to the federal government is retained by the various States, then the States retain the right to leave the Union.

This especially makes sense when you consider that a state is bound to the Union by its ratification of the Consitution by its state legislature. Nothing anywhere says that ratification can't be revoked by that same legislature.

Which brings up my viewpoint. I agree that the U.S. Constitution's non-mention of secession was by design - that each state has the right to remove themselves from the Union. However, at least as far as Louisiana is concerned, there is nothing in their State Constitution that allows their legislature to bring up a vote for secession.

I don't know about the other 49 states, but it is currently unconstitutional for Louisiana to secede again. The only thing that comes close is Article I, Sec. 26, which reads:

The people of this state have the sole and exclusive right of governing themselves as a free and sovereign state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

Now, IMHO, this gives the State of Louisiana the right to govern itself in matters not covered by the laws of the Union. However, removal from the Union is not covered.

Anyway, I'm getting the popcorn and enjoying the discussion... :-)

44 posted on 08/27/2007 2:34:03 PM PDT by rock_lobsta (Doing my part to warm up the planet... Because Bikinis Beat Burkas!)
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To: JamesP81
That's not strictly correct. The Constitution was ratified in each state not by the legislature but by a convention elected for that purpose.

The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.(Article VII).

503 posted on 09/01/2007 11:50:00 AM PDT by Christopher Lincoln
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