Posted on 11/14/2012 7:39:13 PM PST by dynachrome
Conclusions
Under present federal Supreme Court jurisprudence: The union which is the United States can never be dissolved by an independent action of one state (unless approved by Congress and/or the other states?) An individual state may never secede. Apparently, only people rebel - the states remain a part of the Union. Secession can be successful only if accomplished by force of arms (or agreement of the other states/Congress).
(Excerpt) Read more at survivalblog.com ...
We must do what we have to do, I can go along with being hated on internet forums because I won’t back down in a head butting contest, its the internet fer crying out loud.
Now out in the sunshine on the steps leading to any governors office is the reality, then we petition, we gather together, we legally demand our states to band together against what is arguably a flagrant illegal control of Washington DC.
Elections have consequences, and rigged ones many many times more so.
We are coming Washington DC. Prepare while we are polite.
Shooting from miles away doesn’t do you a whole lot of good when you are an occupying army on hostile territory where the enemy looks like everyone else.
“All other states were US territory before they became States.”
Well, the 13 original colonies pre-dated the US...
CA and TX are both republics and can legally secede anytime they want. However if a state or states decide to secede from the Union they are past careing what a court thinks. It would take force to keep them in.
We dont’ need secession to control the Federal govt. We just need for the states to start exercising the 10 the Ammendment.
Not necessarily true. The Afghans managed to outlast and fight Queen Victoria’s finest a century or so ago. They gave the Soviets a bloody nose and now they are giving us a hard time. Ever hear of asymmetrical warfare?
Of course I’ve heard of assymetric warfare, that’s exactly what I was talking about in my post. The person I was replying to was implying that our high-tech planes, bombs, and drones would make any resistance ineffective, which is just silly, considering that a bunch of stone age arabs were able to counter those same weapons for years in very recent history.
I think I replied to the wrong poster but still, we’ve made our point. It is sort of like our version of the Ewoks vs. the Empire in Star Wars. B-) Of course, there is one way, nukes, but that can backfire, the bad guys have to live here too. B-)
How many divisions would it take to get Georgia out of the union?
Fulton and DeKalb counties (Atlanta) were about 2-1 for Obama. The heavily African-American counties running through the middle of the state are likewise Democrat.
Even suburbanites who didn't like Obama at all might prefer the United States to some new country. "Georgia" isn't some being with one will and treating it as such would be a mistake.
Secession is often seen as some expression of the general will beyond politics or as a libertarian strike against government. But it doesn't get rid of corrupt politics or government power.
According to the supremacy clause of the Constitution (Article VI, Clause 2), U.S. Constitution, Federal Statutes, and U.S. Treaties are "the supreme law of the land" within their sphere of powers, so a state can't simply declare that those laws don't apply to it or within its borders.
Secession would be possible if Congress agrees and enacts a law to that effect (or possibly through a constitutional amendment), but not unilateral secession by one state or group of states without the approval of Congress.
The Republic of Texas was not annexed by Treaty, which it should have been since it was a separate nation. It was accomplished through a vote in Congress and a vote by the Republic, because the two countries could not come to a Treaty agreement. If we voted to be annexed, it seems logical that we could vote to be “de-annexed.” It ought to be simple, since it wasn’t done properly to begin with.
The Constitution is the “supreme law of the land.” That does not affect whether or not one can secede. The states created the union, thus states can withdraw from the union.
So do you think Obamacare is constitutional? Do you think the Constitution guarantees a right to abortion? Do you believe that at one time the Constitution allowed "separate but equal" but then, without a word of the Constitution changing, it does not allow that? The Supreme Court has made all those specious claims.
Well stated, INVAR. A case I have made numerous times.
Hawaii was an independent kingdom before joining the United States.
Correct, and secession should be a last resort. but if all else fails, you simply leave and start over.
They took a college course in sociology and are smarter than you. Since they're smarter than you, they don't have to argue with you.
Any other questions?
Wasn't that "settled," for worse, by the Civil War?
Most importantly, the principle of local control, or "subsidiarity," is part of the natural law. A confederation of states, held together loosely by a federal government (the pre-Civil War United States), would be more in keeping with this principle.
Correct. States can allow secession and the avenue would be Congress, but individual states cannot unilaterally withdraw.
Of course they can. It's the state that is sovereign. We are a federal republic composed of sovereign states.
Nothing in the Constitution prohibits secession if a state chooses to do so.
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