To: central_va
The USC is silent on the issue of secession.That would seem to make it fall under the 10th Amendment.
7 posted on
08/05/2010 6:14:38 AM PDT by
Onelifetogive
(For the record, McCarthy was right.)
To: Onelifetogive
That would seem to make it fall under the 10th Amendment.
It would not seem. What don't you understand about the term “Perpetual Union”?
From the Articles of Confederation and perpetual Union;
Article XIII.
Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual...
http://www.law.ou.edu/ushistory/artconf.shtml
31 posted on
08/05/2010 6:39:43 AM PDT by
Cheburashka
(Another great rock and roll band name: The Radioactive Wild Boars.)
To: Onelifetogive
"That would seem to make it fall under the 10th Amendment."
The 10th amendment says that any power not given to the federal government is reserved for the states and the state's people. This is not a catch all for everything under the sun. Whenever the word "power" is used in the Constitution it refers to something that the people delegate to a government as a function to perform on their behalf. Examples of this would be schools, welfare programs, military etc... All of these things (yes even welfare) are talked about by the founding fathers. If the states want to have a massive welfare program to feed the poor, that is up to each individual state.
However, nowhere does any founding father talk about the power of the state to secede from this new thing they wanted to form called the United States. Can you point to something where a founding father talked about the states power to secede in the future from the United States? I can give you an example of the opposite. After the war of 1812 the New England states talked of seceeding at the Hartford Convention. Madison (you know that guy who wrote the Constitution) was President at the time, was against this and would not have allowed them to secede.
To: Onelifetogive; central_va
No secession doesn’t fall under ANY amendment and is NOT legal there is no right to secede. Just check what Washington, Madison and Hamilton said about it. Or any of the major founders.
The constitution was written to create a “more perfect Union” and since even the Confederation declared the Confederation to be “perpetual” there is no LEGAL way out but through a constitutional amendment.
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