“And the majority has the equal right to declare that no violation has occurred. Now what?”
Yes an equal not greater right to the minority. What’s your point? Obviously the oppressor is going to deny his or her oppression. The clear solution is a separation between the 2.
If they agreed on the oppression then they would be able to right themselves within the existing union.
” That’s not true at all. They are not leaving anything. They are retaining the Union and booting someone out of it.”
No you said:
“Madison went on to ask, “An inference from the doctrine that a single state has a right to secede at will from the rest, is that the rest would have an equal right to secede from it; in other words, to turn it, against its will, out of its union with them.”
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If a State has the right to secede at will then all states have the same right and thus all other states could simply opt to secede from the existing union together and form a new union without a particular state.
Believe it or not i have actually advocated that we do this in order to get rid of a few leftist States like Mass and Califorina.
We can’t kick them out of the existing union but we can all leave the existing union and form a new one which we will simply deny them entrance to.
Its not hard to do and this right of each State individually to be exercised by most states is undeniable. The Union is voluntary for all in it. that includes any combination of them that might make a majority or all.
And if the oppression is wholly imaginary on the part of the party claiming to be oppressed then why should the other states roll over and freely give up all their constitutional protections? You want to leave? Fine. I honestly don't care what reason you have for wanting to leave. Make your position known, negotiate a settlement of all questions of disagreement with the remaining states, and go on your merry way. Don't walk out, repudiate all responsibility for your share of the obligations, steal every bit of federal property you can get your mitts on, and expect the remaining states to be happy about it.
If a State has the right to secede at will then all states have the same right and thus all other states could simply opt to secede from the existing union together and form a new union without a particular state.
But that's not what Madison said. He wasn't talking about 49 states seceding from the U.S. but those 49 expelling the 50th from the nation. The U.S. remains for the states that expelled the odd man out. It isn't a case of 49 creating a new political entity, leaving the old one to the 50th.
We can’t kick them out of the existing union but we can all leave the existing union and form a new one which we will simply deny them entrance to.
Why not? Why can't we kick them out? What prevents it? That was Madison's question, and I'm still waiting for your answer.
Its not hard to do and this right of each State individually to be exercised by most states is undeniable. The Union is voluntary for all in it. that includes any combination of them that might make a majority or all.
The right of a state to unilaterally take an action does not exist when that action comes at the expense of the other states. All states are equal, not some. All states have constitutional guarantees, not some.