Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Antonin Scalia: No right to secede
The Washington Post ^ | 17 Feb 2010 | Robert Barnes

Posted on 02/17/2010 9:08:09 AM PST by Palter

Is there a right to secede from the Union, or did the Civil War settle that?

Certain Tea Partiers have raised the possibility of getting out while the getting's good, setting off a round of debate on legal blogs. The more cerebral theorists at the smart legal blog The Volokh Conspiracy question whether such a right exists.

Enter a New York personal injury lawyer, and Supreme Court Justice Antonin Scalia.

The lawyer, Eric Turkewitz, says his brother Dan, a screenwriter, put just such a question to all of the Supreme Court justices in 2006 -- he was working on an idea about Maine leaving the U.S.and a big showdown at the Supreme Court -- and Scalia responded. His answer was no:

"I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, "one Nation, indivisible.") Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.

I am sure that poetic license can overcome all that -- but you do not need legal advice for that. Good luck with your screenplay."

(Excerpt) Read more at voices.washingtonpost.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 10thamendment; cwii; rights; ruling; scalia; scotus; secede; secession; states; statesrights
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 261-277 next last

1 posted on 02/17/2010 9:08:09 AM PST by Palter
[ Post Reply | Private Reply | View Replies]

To: Palter

Well, I think the COTUS grants the fed power to protect the borders (?)


2 posted on 02/17/2010 9:12:35 AM PST by wizard1961 (Teaper says: For 2010, let Sarah be Sarah)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter

Then start looking at those BC cases and you better do it fast.


3 posted on 02/17/2010 9:13:10 AM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter
Carp like this is EXACTLY why the movement should NOT have politicians speak at our events. Perry made one remark about secession (a clap trap) at a tea party in Texas and now we're saddled with this.
4 posted on 02/17/2010 9:14:14 AM PST by Roccus (POLITICIAN.....................a four letter word spelled with ten letters.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter

Scalia is right as a legal matter. John Locke’s right of revolution that was used as a justification for the first American revolution is highly contingent — you have a right to revolution under the natural law if you win. If you don’t win, then you didn’t have a right to revolution. Fundamentally, the right of revolution is extra-legal. The constitution cannot trump the natural law, but it also doesn’t have to recognize all of the natural law (although there may be an argument that the catchall phrases in the 9th and 10th amendments indicate that the constitution doesn’t contradict the natural law).


5 posted on 02/17/2010 9:14:14 AM PST by FateAmenableToChange
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter

Again,,, it’s an interesting and humorous concept that the Supreme court says it’s illegal to seceed. Imagine the USA truly elected a marxist and became a socialist dictatorship. And that a state decided that the time to end their association had come, but that this SAME state still thought they must abide by supreme court rulings. Odd.
This reminds me of thinking you can stop a mass shooting incident in the mall, by posting signs that guns are priohibited on the premises.


6 posted on 02/17/2010 9:14:37 AM PST by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter

Well then that only leaves us with Judge Napolitano’s opinion:

http://www.youtube.com/watch?v=9b3Q89FZoY0


7 posted on 02/17/2010 9:14:52 AM PST by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: wizard1961

Hey stupid at the supreme court! Here is the fact. The union is only held together by the constitution which is a piece of paper only valid as long as we the people believe it to be. You pigs in washington are shreading it by the day and making it moot. States can break away when you kill the document holding them together. Like it or not , pig.


8 posted on 02/17/2010 9:16:43 AM PST by RED SOUTH
[ Post Reply | Private Reply | To 2 | View Replies]

To: Palter

I never understood the idea that somehow a war decides a constitutional question.

Since when does OVERPOWERING the other side mean you are constitutionally correct?

That’s stupid, and those who say things like “the Civil War decided that” aren’t very logical thinkers.

It is a valid question, but to take the easy way out by pointing to the war is lame.


9 posted on 02/17/2010 9:16:55 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FateAmenableToChange

Beautifully said.


10 posted on 02/17/2010 9:17:33 AM PST by ClearCase_guy (I was born in America, but now I live in Declinistan.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: bamahead

ping


11 posted on 02/17/2010 9:19:47 AM PST by randomhero97 ("First you want to kill me, now you want to kiss me. Blow!" - Ash)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FateAmenableToChange

That makes no sense. The winner isn’t necessary right....they just happened to win.


12 posted on 02/17/2010 9:20:49 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Palter

But the point remains,,,If it’s even necessary to argue and discuss the right to seceed, then something has gone *seriously* wrong in DC. Instead of focusing on convincing us that they can force everyone’s continued association, maybe they better start to look deep and hard at why they are pissing off so many people and states.

Time for them to change their totalitarian Bullcrap, and not think they can just use legalistic games to force people to remain.


13 posted on 02/17/2010 9:21:08 AM PST by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: randomhero97; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
14 posted on 02/17/2010 9:22:31 AM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ForGod'sSake

Of possible interest.


15 posted on 02/17/2010 9:22:51 AM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RED SOUTH
That is really profound.
16 posted on 02/17/2010 9:23:06 AM PST by verity (Obama Lies)
[ Post Reply | Private Reply | To 8 | View Replies]

To: cowboyway; central_va; Idabilly

Could Justice Scalia be the author of the majority decision in Texas v White version 2.0?


17 posted on 02/17/2010 9:24:21 AM PST by Non-Sequitur
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter
"To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."

Then why did the US specifically act to readmit the confederate states to the union? If they had no right to secede, then they never really left.

Also, if Virginia never left the union then the creation of the state of West Virginia, against the will of Virginia, would have been unconstitutional.

18 posted on 02/17/2010 9:24:47 AM PST by mlo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter

I don’t think the Supreme Court had much to do with whether secession is legitimate.

It’s a war issue and if ever the need becomes great enough again it will be settled that way again.

Unless America is so rotten from progressivism that it can’t even lift a finger.


19 posted on 02/17/2010 9:27:32 AM PST by wardaddy (I have been in a serious RHCPers mood lately......)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Palter
Antonin Scalia: No right to secede

Well technically, Nino, it's not the sort of thing you normally get a legal opinion about.

20 posted on 02/17/2010 9:27:36 AM PST by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 261-277 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson