Posted on 02/17/2010 9:28:36 AM PST by Para-Ord.45
You've got to love that Antonin Scalia answered a letter from a screenwriter asking for tips on a screenplay involving Maine seceding from the union:
"I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, "one Nation, indivisible.") Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.
I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay."
You join an exclusive country club with the consent of the existing members. Do you need their permission to quit? Of course not.
If Taiwan no longer wants to be part of China the US can back its independence because the people in Taiwan wants it. But the US will not let any of her own states leave the Union even if the people in the state want it??!!!! No wonder many countries believe our stance on human rights and self determination is based on strategic chicanery and not sincere belief.
Kahleefoanians just move and bring their liberal disease with them. ...then wonder why their new state is developing the very same problems they just left behind.
It would depend on what the agreement said. Regardless, try and leave while owing money and with all the club property you can get your hands on and see how they react.
right is what is in the best interest of the strongest party.
When the feds lose control, and a state gets stronger, succession will occur.
This is why god invented civil wars.
Actually, you are pledging allegiance to the flag... and to the Republic.
that is the wet dream of every communist, socialist and enemy of the United States.
remember Obama’s weather underground wanted to engineer exactly that.
AGREED, most heartily. I will stand with you, and the founders. Scalia is stone-dead wrong.
Hadn’t thought of locking ‘em in - but I do recognize genius when I see it!
How about can we kick some out? California sounds like a good start.
Hey!!!!
Try excising the entire coast, from Crescent City to LA. Then we have a nice state.
Sorry, Antonin, I disagree with you, and our Declaration of Independence says otherwise.
"That whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles....
Furthermore, I find it against the basic tenets of universal freedom that an entity, a state, having legally, and within its own means, that it no longer wishes to be a party of said 'Union' should be forcibly prohibited from doing so.
It isn't violating that pledge when the other Party, the FedGov, is no longer the same entity we all Pledged to in the first place.
Many of the southern states that seceded were the original 13 colonies. They were NOT "allowed" to join so by the "37 of 50" logic the original states had every right to leave.
Is everybody on here really young? If so, we can write off the inane secession talk as a form of Academic Freedom.
And when the lefties (New York, Seattle) try to secede, they will be crushed.
The Articles of Confederation specifically referred to the union as “perpetual”.
No it wouldn’t. The provision of any given agreement may be found nonbinding if it is shown to be unconscionable. First semester contract law. Being forced to live under tyranny is the epitome of unconscionable contract. Therefore, it is inherently unenforceable, as a matter of law, the military calculus not withstanding.
Furthermore, freedom of association implies the right to quit any voluntarily entered association. You are right that consequences might follow, such as unsettled debt, and they must be attended, but the right of association (or lack of it) remains undiminished, as to our hapless country club member.
Extrapolating that right to the states is not that difficult. BTW, I didn’t see your post dealing with the rather persuasive argument that the Constitution is not a suicide pact. I am interested in your opinion.
Perhaps, but the articles were replaced entirely by the Constitution and are no longer valid.
All I am saying is that his answer should have come from the Constitution. That is supposed to be his bailiwick
“How about can we kick some out? California sounds like a good start. I bet we would actually save a lot of money if we sold it to Mexico for a dollar.”
Please do a quick internet search or otherwise research this. I’ve done it too many times now to bother. The short version is California funds the US and always has. We are a top ten world economy (for now at least) and have one of the highest per capita net contributions to the federal govt. That’s per person so when you consider the sheer number of people here vs our total population you can see just to what extent CA funds the US. It would be like Germany now agreeing to cover the Greek debt, the Portugal debt and throw in Spain and Italy to boot.
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