Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: 2ndDivisionVet

The problem was there was not a framework in the constitution for peaceful state succession.

Something that laid down a procedural process in where a state may petition and successfully leave the unio9n on it’s own should it see fit and how to re-distribute the federal property back tot he other states and what portion stays with the state that is leaving.

In some way we could use an amendment that would lay out a process for a state leaving that would be an orderly framework with built in checks and balances to prevent a wat breaking out by a reckless succession.


2 posted on 03/31/2014 10:35:08 PM PDT by GraceG
[ Post Reply | Private Reply | To 1 | View Replies ]


To: GraceG; 2ndDivisionVet
The problem was there was not a framework in the constitution for peaceful state succession.

Not quite; the problem is that if a state cannot legally secede then the civil war was Treason because they were still states if the union.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

It is interesting that no confederate officers (or the governors, or confederate president) was convicted of treason; see wikipedia for the list of people convicted of treason.

3 posted on 03/31/2014 10:51:42 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: GraceG

“The problem was there was not a framework in the constitution for peaceful state succession.”

This is a false statement. The procedure for the secession of a state was the same procedure used for the accession of a state. The secession or the alienation of a state or its territory required the same legislative acts in Congress and the states as were used for the accession of a state to the Union.


7 posted on 03/31/2014 11:47:11 PM PDT by WhiskeyX
[ Post Reply | Private Reply | To 2 | View Replies ]

To: GraceG

“The problem was there was not a framework in the constitution for peaceful state succession.” - GC

I think the ninth and tenth amendment, and the conditional ratification of the constitution by Virginia cover this issue sufficiently.

Virginia expressly retained the right to secede as a condition of ratification of the constitution.


80 posted on 04/01/2014 8:36:34 AM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
[ Post Reply | Private Reply | To 2 | View Replies ]

To: GraceG
Something that laid down a procedural process in where a state may petition and successfully leave the unio9n on it’s own should it see fit and how to re-distribute the federal property back tot he other states and what portion stays with the state that is leaving.

How about if it is affixed to, sited upon, or situated within the ground, it stays. Roads, bridges, tunnels, airports, military base and other government buildings and airstrips, aqueducts, etc.

108 posted on 04/01/2014 10:25:13 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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