Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

2 california counties ask to form separate state
AP The Big Story ^ | August 28, 2014 | Juliet Williams

Posted on 08/29/2014 3:07:12 AM PDT by lbryce

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last
Representatives of two counties in far Northern California petitioned state officials Thursday for the right to form a 51st state called Jefferson, but I don't see the even the most infinitesimal modicum for consideration of their proposal. I am sure there are alternate legal approaches other than seeking permission from State officials for these counties to attempt to break away. But this being an unprecedented circumstance, it no doubt will be a long, arduous legal road ahead for any sort of progress made on the matter.

The bottom line is that it is rather obvious that the underlying, fundamental dynamics for these two counties to seek the creation of their own state is a a direct result of Obama, his policies, his desire to create as much havoc, dysfunction and upheaval in whatever way he can. His policies, especially regarding immigration, has directly impacted the political ramifications by these two counties in consideration of this move.

1 posted on 08/29/2014 3:07:12 AM PDT by lbryce
[ Post Reply | Private Reply | View Replies]

To: lbryce
The filings were the first step in building a legal case that supporters believe will allow them to secede from California. They say the U.S. Constitution allows a region to petition the government for secession. If lawmakers ignore the petition, Jefferson proponents say it will give them standing to file a lawsuit.

Sue in what venue? Article IV Section 3 gives state legislatures the power to veto the creation of new states from their territory. The courts have nothing to say about it.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

2 posted on 08/29/2014 3:37:21 AM PDT by SeeSharp
[ Post Reply | Private Reply | To 1 | View Replies]

To: lbryce
I am sure there are alternate legal approaches other than seeking permission from State officials for these counties to attempt to break away.

No, there isn't. The US Constitution is very clear on that.

3 posted on 08/29/2014 3:58:19 AM PDT by Doug Loss
[ Post Reply | Private Reply | To 1 | View Replies]

To: lbryce

I think in general....the public has come to realize that one-size-fits-all in terms of state governments...doesn’t work.

I could see a reason to open up a split season....move to seventy-five states...dump the necessity for US senators...and eliminate several methods from which the Supreme Court throws itself into state matters.

Anyone who lives in California will tell you that the current state government is dysfunctional and unable to represent regular state residents. It’s a lobbyist-government and geared toward wealth redistribution more than anything else.


4 posted on 08/29/2014 3:59:41 AM PDT by pepsionice
[ Post Reply | Private Reply | To 1 | View Replies]

To: Doug Loss
No, there isn't. The US Constitution is very clear on that.

There is one other document, The Declaration of Independence. Use only as a last resort, and expect violent push back from the PsTB, but it is the ultimate, get out of tyranny permission slip from God.

"When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation..."

5 posted on 08/29/2014 4:05:21 AM PDT by Sirius Lee (All that is required for evil to advance is for government to do "something")
[ Post Reply | Private Reply | To 3 | View Replies]

To: pepsionice
“Article IV Section 3”......

Puts an end to that “opportunity”. The ba$tards in Washington have tied everything tightly to remain in control of everyone else. Can't have any dissension now, can we?

6 posted on 08/29/2014 4:08:32 AM PDT by DaveA37
[ Post Reply | Private Reply | To 4 | View Replies]

To: Sirius Lee

The Declaration of Independence has nothing to do with trying to create a new state from the territory of an existing one. You can use it as a moral justification for seceding from the US, or for overthrowing the current government, but it has no legal authority.


7 posted on 08/29/2014 4:11:26 AM PDT by Doug Loss
[ Post Reply | Private Reply | To 5 | View Replies]

To: SeeSharp
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

It appears, to me, that it would be SEPARATE from California.

8 posted on 08/29/2014 4:28:15 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Doug Loss
You can use it as a moral justification for seceding from the US, or for overthrowing the current government, but it has no legal authority.

Sorry; they want to STAY in the US; but SECEDE from Californicate!

9 posted on 08/29/2014 4:30:52 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Doug Loss
I stand corrected. I hereby declare that I was in error when suggesting there might be alternate legal approaches for these two counties to leave the State of California and create their own State. The US Constitution makes it very clear that such a move is forbidden.
10 posted on 08/29/2014 4:32:04 AM PDT by lbryce (Barack Obama:Misbegotten, Bastard Offspring of Satan and Medusa.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: lbryce

Four more Democrat Senators?


11 posted on 08/29/2014 4:32:26 AM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elsie

Aw, hell....let Oregon have them. They’re all the same anyhow. A couple of more looney-toon jurisdictions added to a looney-toon state won’t make much difference.


12 posted on 08/29/2014 5:12:50 AM PDT by gimme1ibertee (When injustice becomes law, rebellion becomes duty.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Elsie
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

It appears, to me, that it would be SEPARATE from California.

The meaning is: "...no new State shall be formed or erected within what had previously been the jurisdiction of any other State..."

In other words: No new State may be formed on territory hitherto within the jurisdiction of any other State.

Regards,

13 posted on 08/29/2014 5:44:52 AM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Sirius Lee

Our current constitution is our second constitution, the Articles of Confederation was our first.

And of course we adopted our second and current constitution in an unconstitutional way, since the Articles of Confederation required unanimous consent of the states to amend it.

The constitution was adopted after only 9 of 13 states approved it.

So there is precedent...


14 posted on 08/29/2014 6:01:25 AM PDT by ChronicMA
[ Post Reply | Private Reply | To 5 | View Replies]

To: SeeSharp

what arguments did W VA and NH from MA make to make their new states?

Don’t know what most of east CA doesn’t form their new state either, and while they’re at it maybe the 3 counties in the south east of my state Miami, Broward and Palm for their new state too


15 posted on 08/29/2014 6:47:12 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
[ Post Reply | Private Reply | To 2 | View Replies]

To: ChronicMA

NH broke from MA, W, VA broke from VA, curious as to what arguments they used to form their new state


16 posted on 08/29/2014 6:48:49 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
[ Post Reply | Private Reply | To 14 | View Replies]

To: lbryce
I am sure there are alternate legal approaches other than seeking permission from State officials for these counties to attempt to break away.

Not under the Constitution, no.

17 posted on 08/29/2014 6:50:16 AM PDT by DoodleDawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sirius Lee
There is one other document, The Declaration of Independence.

I think they want to remain a part of the U.S. so I don't see were the Declaration of Independence has any relevance.

18 posted on 08/29/2014 6:52:09 AM PDT by DoodleDawg
[ Post Reply | Private Reply | To 5 | View Replies]

To: manc
what arguments did W VA and NH from MA make to make their new states?

West Virginia separated from Virginia at the start of the Civil War. Being an area largely without slaves and with strong Union sentiments, they made no "argument", they just did it.

When the Virginia legislature voted on an "Ordinance of Secession", the delegates from the northwestern counties voted roughly 2-to-1 against it. Then, when the ordinance was ratified by a popular vote, the northwestern counties again voted against it -- by a roughly 2-to-1 margin.

Whereupon a convention of the northwestern counties was called in Wheeling in June, 1861 and they voted to secede from Virginia and apply for statehood in the Union. Statehood was granted in 1863.

History of West Virginia

19 posted on 08/29/2014 6:59:39 AM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: manc

West Virginia’s statehood was an act of conquest by a foreign power. New Hampshire was a colony before independence.


20 posted on 08/29/2014 6:59:42 AM PDT by SeeSharp
[ Post Reply | Private Reply | To 15 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-72 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson