The Legal issues of Secession as a Legitimate Recourse of the States
Secession is a term and a concept that holds various and differing connotations to many individuals. It is an idea seldom thought about by most Americans in our day. Those that have some familiarity with the term generally associate it primarily with the War of 1861-1865. To the majority the concept of secession is a far away notion, little understood and even less thought of as a practical concept applicable to our current political arrangement. After all, most Americans believe that whatever secession was all about the issue must have been settled when the forces of the Union defeated the South.
This treatment of secession is one dimensional and flawed. Most Americans would agree that it is impossible, nay unjust, to settle matters of legal principle through the use of force. On the schoolyard we do not reward the bully that is stronger than his fellows by accepting that his point of view must be right just because he is stronger. We do not accept this in our system of civil law. A mere individual with a right and just cause can and often does prevail against large and powerful corporations on points of justice and legality. It seems un-American to simply accept that a question as powerful as the nature of the compact that holds the Union together might be answered in no other way than force.
Much more here:
Secession as a Legitimate Recourse of the States
Ladies and Gentlemen, there was a time not too long ago when I would have argued, nay, slapped the living hell out of anyone that would have suggested that a state would be legal and correct in attempting an act of secession from the Union of the United States of America. The legality of secession has long been a point of contention among patriots.
I personally thought such an act, in modern times, was best described as an act of treason. I am not convinced that I was wrong! I would prefer to see the United States remain just that, UNITED, but when the federal government ceases to govern, and attempts to expand their powers, greatly expand, and those powers are nothing more than overbearing attempts at full control of the American people and the forcing OF the American people into a government of sheer socialism, it is now time for the American people to act and take this nation back from the brink of disaster, OR, it is time for the individual states to exercise their STATES RIGHTS and LEAVE this unholy debacle that was once the United States of America!
Perhaps the best argument against the legality of secession is the one that rests upon secession being an “insurrection.” Section VIII of Article 1 of the Constitution gives Congress the power to call forth the militia to “suppress insurrections.” However, many people would argue that secession is not an insurrection. They see secession as the withdrawal of recognition of an authority as lawful rather than the refusal to obey recognized lawful authority. In addition, secession is not in itself an aggressive action taken against the residue of states left within the Union. It is a point often overlooked, but some states that seceded during the Civil War are very proud of the fact that they did not declare war – or fight an offensive war – against the Union, but only fought a defensive war in order to be able to govern themselves as they saw fit. Northerners should remember this if they wish to understand the thinking of many in the South. SOURCE: The Legality of Secession
There are many that seem to believe that secession is an act against the constitution of the United States, an act of insurrection. Under that interpretation I am sure the United States could take action to preserve the Union.
I don’t know that the current administration would have the guts TO take action, I am more of the belief that *The One* would want to discuss it with Russia and Iran 1st, and then offer us some type of missile shield assurance. Yes, that IS sarcasm!
The U.S. Constitution does not expressly recognize or deny a right of secession. Accordingly, the argument for a right of unilateral secession begins (and pretty much ends) with a claim about the very nature of the Constitution.
That document, by the terms of its Article VII, only obtained legal force through the ratification by nine states, and then only in the states so ratifying it. Because the Constitution derived its initial force from the voluntary act of consent by the sovereign states, secessionists argued, a state could voluntarily and unilaterally withdraw its consent from the Union.
In this view, the Constitution is a kind of multilateral treaty, which derives its legal effect from the consent of the sovereign parties to it. Just as sovereign nations can withdraw from a treaty, so too can the sovereign states withdraw from the Union. SOURCE: Does the Constitution Permit the Blue States to Secede?
I am NOT a constitutional scholar, I don’t claim to be, but there is a vein of dissatisfaction ripping through this nation the likes of which we have never seen. Many states, not just Texas, are making an effort to establish their sovereignty for the United States.
Twenty states standing up to the federal government and demanding a return to constitutional principles is a great start, but it remains to be seen whether legislatures and governors are brave enough or angry enough to follow through. As the Obama administration and the Democratic Congress push for more expansion of federal power and spending that may help provide the motivation needed for the sovereignty movement to take off. SOURCE: State Sovereignty Movement Quietly Growing
I don’t know if this sovereignty movement will result in calls for secession, but it well could, and for the 1st time in my 55 years I am honestly looking into the possibility of making secession a viable option in this great state of Texas!