Great article. Secession is not a “legal” question anyway, it’s a political question. Those who believe the word secession is a scary word do so at their own peril.
Not me, I’m not afraid of it. In fact, this the most powerful and potent tool we have...the unalienable right to free association.
“...this case is often thrown out as having settled the matter legally...”
What a load of hogwash. Liberals get a favorable ruling and drag out this statement.
Does it also apply to the Dred Scott decision?
These idiots love to pontificate that “the Constitution is a living, breathing document” but woe unto anyone who suggests that Roe v. Wade be re-examined.
The Supreme Court is neither omniscient nor omnipotent, though they insist on acting that way.
If secession was/is illegal then why does West Virginia exist?
It should still be a part of Virginia as no state shall be formed within the boundaries of an existing state without the consent of the state and the Congress. Last I checked Virginia never consented to the Western counties forming their own state.
The article is thorough and accurate but that is irrelevant in the real world.
Until Versailles on the Potomac is as bankrupt and unsupported as the Politburo and CPUSSR in 1991, any serious effort at secession will result in imprisonment at best, and more likely example murders ala Ruby Ridge or Waco. Anyone who advocates secession and thinks otherwise is a fool.
The right to secede, as expressed in the Declaration of Independence, and decadence and corruption of central authorities is beside the point. As long as a corrupt authority can fight to preserve itself, it will. If it were not corrupted, no one would be seeking to leave it. Laws and rights be damned, coerced union is about the honor killing and perpetual servitude for one party, and unquestioned domination by the other. It was ever so, in every generation.
I see the nationalists are out in full bloom!
No State surrendered their sovereignty...please point out where they did? I can point to three ratification documents that make it clear they intended to resume governance to themselves should it become to necessary to their happiness. So either the signers of these documents were frauds and flat out stupid and didn’t read the invisible clause in Article 7 where they surrendered their sovereignty. Or, maybe, just maybe the nationalists have it ALL wrong. Hmmm. I wonder which is correct...historical fact or the perpetual Union philosophy.
Was the first American Revolution “Legal”?
Sophistry. The facts are these:
1) The Supreme Court will rule in the best interests of the federal government not the states. They are nine paid employees of the federal government. Regardless how Texas v White was decided, today’s Court has no desire to let the Constitution or precedent interfere with their desired outcome.
2) If the State of Texas were to secede, they should not ask for permission from the U.S. Government. They should already be smart enough to figure out what the answer is going to be. How far do you think America’s founders would have gone if they had asked for England’s permission to form a new country? If you believe in secession, just do it.
Grrreat post. Very interesting column as well as seriously informed posters reflected in their comments following.
A shocking error. G.W. Paschal was never governor of Texas. Sam Houston was Governor in 1861. Houston strongly opposed secession and was forced from office.