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To: 4ConservativeJustices
The state could pass legislation removing the area from it's jurisdiction. No agreement of compact with another state necessary. Borders reduced or enlaged, Congress out of the loop.

Not legally, no. Doing what you suggest would violate the Constitution.

Congressional approval is necessary for adding NEW states, forming a NEW state 'within the Jurisdiction of any other State', or forming a NEW state 'by the Junction of two or more States' [a merger], or forming a NEW state from 'parts of States.' There is nothing, like you stated, in the Constitution that prohibits secession.

Congressional approval is required for any change in status. That would include secession.

No. The people of each state are not bound by the supremacy clause. They are not ALL 'Members of the several State Legislatures', nor all 'executive and judicial Officers' of the state. The state of Texas did NOT pass legislation seceding from the union, the people of the state of Texas in convention seceded from the union.

Yes. The Constitution is the supreme law of the land. Any actions taken by the Texas legislature supporting illegal secession, and an legislation passed supporting the rebellion, were illegal.

1,078 posted on 02/06/2004 6:11:43 PM PST by Non-Sequitur
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To: Non-Sequitur
Not legally, no. Doing what you suggest would violate the Constitution.

No. Please post the revelent clause prohibiting a citizen from purchasing/selling real estate.

Congressional approval is required for any change in status. That would include secession.

No. Please cite the revelent clause requiring Congress to approve the sale/purchase of land, the clause requiring a state to seek approval to cede/sell/purchase lands. Please cite the revelent section of the Constitution prohibiting secession.

The Constitution is the supreme law of the land. Any actions taken by the Texas legislature supporting illegal secession, and an legislation passed supporting the rebellion, were illegal.

Nonsense. What came first, the states or the federal government? Which came first, the state governments or the people? The people are sovereign, possessors of certain inalienable rights, 'whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.'

The Constitution has no prohibition against the people of the state changing their form of government.

The federal Constitution has no prohibition against the people resuming their delegated powers, it has an EXPLICT reservation to the powers 'powers not delegated to the United States by the Constitution, nor prohibited by it'.

1,079 posted on 02/06/2004 6:39:40 PM PST by 4CJ (||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
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