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To: Morgana

This is so stupid.

Can a state legally secede from the Union? Many, including Supreme Court justice Antonin Scalia, suggest no. In a 2006 letter, Justice Scalia argued that a the question was not in the realm of legal possibility because 1) the United States would not be party to a lawsuit on the issue 2) the “constitutional” basis of secession had been “resolved by the Civil War,” and 3) there is no right to secede, as the Pledge of Allegiance clearly illustrates through the line “one nation, indivisible.”

The Fourteenth Amendment to the constitution states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

So it legally can’t be done.

red


18 posted on 11/10/2016 5:52:00 PM PST by Redwood71
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To: Redwood71

1) If the US is not a party to the lawsuit, don’t they lose by not showing up to court?
2) Guns and cannons and industrial might 150 years ago don’t solve a question of freedom and law, in the West
3) The Pledge was written by a Socialist
14th Amendment - People can renounce citizenship. I don’t see the relevance.

There’s no explicit Constitutional provision against it. It defies logic that a territory can vote to join a union, but, upon entering, can never ever leave.

No way that the Founders would disallow secession, given they themselves seceded from The King.

Painful as it is, secession is a human right.


48 posted on 11/10/2016 7:00:42 PM PST by ReaganGeneration2
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