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(Vanity) Why is there no set process for a state to leave the union?
GraceG

Posted on 05/13/2016 1:18:26 PM PDT by GraceG

I have been reading about the periodical votes the Texas legislature makes about secession and pondered on it a while and thought a bit about it and came up with a few things.

1. We have a set of procedures for adding a state to the union in the Constitution.

2. We don't have any set of procedures if a majority of a state's population want to no longer be part of a union.

3. If the formation of the country was the voluntary gathering of states to form the union in the first place, then wouldn't forcing a state to stay against the majority of it's inhabitant's will essentially by tyranny?

4. If you added a process for a state to leave you would by default make that process be somewhat harder than if a territory wanted to become a state. Say for instance Saskatchewan was able to leave Canada peacefully, but then after a while wanted to become a state of the United States, if they wanted to leave later you would want an ever greater majority to on the vote to leave than the vote to join.

5. The civil was was caused by the illegal actions and military actions of the southern states ganging up, forming their own country illegally and then attacking the north. (though there is still some debate who fired first). If there had been a legal process and procedure for states to leave and then later form the confederacy, would the civil war had been averted if they had in that case "stuck to procedure" ?

6. Does a government body that has a process for admittance of smaller entities, but doesn't have any process for them leaving. Does that make that government a Tyranny by default? Does this make the United States a Tyranny by definition? What about the European Union? What about NATO, or the UN even?

Just some pondering about the very nature of "Unions" in the Nation-State sense.


TOPICS: Chit/Chat
KEYWORDS: secession; texas; tyranny
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To: Arthur McGowan

In reference to my comment in post 51, I apologize for it. It has bothered me since I posted it this afternoon. I should have stuck to the issues on this thread and not take a cheap shot by bringing up our other disagreements.


101 posted on 05/13/2016 8:27:04 PM PDT by CommerceComet (Hillary: A unique blend of incompetence and corruption.)
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To: henkster
It’s a hard argument that dissolving the Union is consistent with upholding the Constitution that establishes it.

Not at all. Every entity that files Articles of Incorporation establishing the LLC/LP/whatever, must also include details on how the entity will be dissolved.

102 posted on 05/13/2016 8:29:40 PM PDT by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: NaturalScience
The claim was made that ...the very articles by which their legislature approved entering the union contained language reserving the right to leave the Union. Apparently, they didn't.
103 posted on 05/13/2016 8:35:04 PM PDT by Mr. Lucky
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To: NaturalScience

Thank you for your kind reply.


104 posted on 05/14/2016 1:17:37 AM PDT by Hulka
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To: Teacher317
Every entity that files Articles of Incorporation establishing the LLC/LP/whatever, must also include details on how the entity will be dissolved.

Excellent point; thank you for making my argument. The fact that the Constitutuion DOESN'T have that provision is proof it was intended to be an indissoluable union.

105 posted on 05/14/2016 5:01:37 AM PDT by henkster (DonÂ’t listen to what people say, watch what they do.)
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To: GraceG

You just start by firing on Fort Sumter.


106 posted on 05/14/2016 5:13:41 AM PDT by HereInTheHeartland (I don't want better government; I want much less of it.)
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To: patriot08

That’s a depressing list of outright waste and squandering of taxpayer dollars on a massive scale. Every present and future Social Security recipient should read it.

Unfortunately this kind of reckless and self destructive foreign spending has been going on for a long time under multiple administrations. Of course its far worse under Obama but other presidents paved the path for this senseless largesse. The really aggravating thing is that it comes at the expense of needed assistance to American citizens and other critical domestic needs. Not to mention the fact that it helps our enemies abroad.

This is why we need to boot out the GOPe “leadership” in the House and Senate. Needless to say, the spending will only get worse under a Democrat so electing a businessman as president at least gives us a small chance of righting the ship.


107 posted on 05/14/2016 6:23:22 AM PDT by Starboard
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To: GraceG

We have discussed this subject ad nauseum on Free Republic. Basically secession of a state is not unconstitutional because the US Constitution is silent on the subject. There has been agreement among many historians had the founders put a secession clause in the Constitution then it would not have been ratified. Conversely a roach motel clause ( states and join but they can never leave ) would have been a show stopper too.


108 posted on 05/14/2016 6:29:00 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Cincinnatus

Session does not mean war. The pussies that run the Federal Government wouldn’t do a thing to stop a state from leaving. No political will and the standing Army is to small anyway.


109 posted on 05/14/2016 6:33:10 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Bull Snipe

That’s an interesting thought. But given that our court system seems to operate at glacial speeds, how long do you think that process would have taken?

I suppose an argument could be made that this would have bought time for the North to use its industrial might to better prepare for war against the South.

I think the North harbored increasing resentment for the growing wealth of the South and its lucrative cotton exporting business. Maybe even felt some fear over its growing independence. Perhaps not the main cause of the war, but a motivating factor nonetheless. It was inevitable that the North wasn’t going to let go.


110 posted on 05/14/2016 6:34:54 AM PDT by Starboard
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To: Nifster
Because we are a union. To leave breaks the union

Ridiculous thinking .

111 posted on 05/14/2016 6:35:49 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: toast
After the federal government goes bankrupt the US will split into about 6 different countries.

A good thing.

112 posted on 05/14/2016 6:36:36 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Arthur McGowan
The only issue resolved by the Civil War was: Can the North crush the South by burning, razing, and murdering? The answer was Yes.

Very well stated.

113 posted on 05/14/2016 6:37:37 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Nifster
The south did not just leave they then attacked the union fort which was a federal facility and declared themselves to be at with and in rebellion to the US

The SC militia attacked that fort. 6 others states were in the Confederacy at the time but did not participate directly in the bombardment.

114 posted on 05/14/2016 6:39:52 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Starboard

Thanks. Well said.


115 posted on 05/14/2016 6:41:42 AM PDT by patriot08 (5th generation Texan (girl type) ANGRY? REFUSE TO VOTE? HELLO HILLARY!)
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To: central_va

After the federal government goes bankrupt the US will split into about 6 different countries.


We have a very recent model in the demise of the Soviet Union. All the power went to the satellite states. They did form alliances, but not new countries.


116 posted on 05/14/2016 6:41:54 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: GraceG
Precisely, had each southern state legislature held a sate vote to leave the union with at least 2/3 vote saying to leave, and then had state referendum(s) with 3/4 or more of the populace wanting to leave as well, they would have had a hell of a lot higher moral “high ground” to leave and then did nothing to antagonize the north then things would have turned out a hell of a lot differently.

Every Southern state had a referendum on secession. Many had a direct referendum vote. Others had a delegate selected referendum. The people of the South chose secession.

117 posted on 05/14/2016 6:45:40 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Arthur McGowan

‘The only issue resolved by the Civil War was: Can the North crush the South by burning, razing, and murdering? The answer was Yes.’

_____________________________

Agree. Excellent reply


118 posted on 05/14/2016 6:47:17 AM PDT by patriot08 (5th generation Texan (girl type) ANGRY? REFUSE TO VOTE? HELLO HILLARY!)
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To: broken_arrow1
hich equals civil war against a bunch of pussies, dykes and trannies

Now that is funny. Those LGBTs would be more than happy to see Texas secede.

119 posted on 05/14/2016 6:48:04 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: rockrr

Ok once again you reduce the Civil War down to a fight over a pile of rocks in the Cooper River. Bravo.


120 posted on 05/14/2016 6:49:18 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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