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To: BroJoeK

So is it your position that under *some* circumstances Virginia *has* the right to unilaterally secede?

(Has not had)

TIA


177 posted on 03/10/2013 1:21:21 PM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Triple; BroJoeK

BroJoeK’s #114 was a bit wordy but the essence is correct - everyone has the natural right to rebellion but there is no “right of secession” enumerated in the United States Constitution, especially not unilaterally.


180 posted on 03/10/2013 1:28:16 PM PDT by rockrr (Everything is different now...)
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To: Triple
Triple: "So is it your position that under *some* circumstances Virginia *has* the right to unilaterally secede?"

There is a "right of revolution" when government becomes intolerable, when all lawful recourses have failed, and when serious issues of justice are involved.
But a "right of revolution" does not mean it is "right to revolt" if revolution is doomed to fail.
A failed revolt, as our Founders well knew meant:

So I'll repeat: our Founders gave two acceptable conditions for disunion / secession:

  1. Mutual consent.
    I think the simplest form of that would be a law passed by Congress, signed by the President.

  2. A serious material breach of contract, such as "oppression", "usurpation" or "injury".
    I'd say the US Supreme Court would be a good body to rule on such claims.

Founders did not approve of unilateral secession "at pleasure", meaning for no serious constitutional reason.
But that was exactly what happened in 1860, and when people talk "secession" today, that's the pattern they refer to.

I say, secession as it happened in 1860 was not Constitutional then, and would not be so today.

Lawful, peaceful secession could be 100% constitutional.

228 posted on 03/10/2013 4:49:38 PM PDT by BroJoeK (a little historical perspective....)
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