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How to Secede from a State Without Really Trying
Wall Street Journal Law Blog ^ | 10-11-13 | Jacob Gershman

Posted on 10/11/2013 1:00:22 PM PDT by RKBA Democrat

Secession fever is spreading. In red and blue pockets of America, disgruntled residents are organizing efforts to split up with their home states, from liberals in southern Arizona to conservatives in rural Colorado and Western Maryland.

The biggest obstacle for these movements would seem to be the Constitution, which requires secessionists to get the blessing of their state Legislature and then Congress.

There might be an easier way, says Eugene Kontorovich, a law professor at Northwestern University, in a provocative post at Volokh Conspiracy. Rather than forming a new “51st” state, how about seceding to join an existing state?

SNIP

“The state secessionists’ best bet would be to have some local referendum or Convention that would overwhelmingly favor joining another state,” he writes.

But here’s the kicker: While it may be more convenient, there’s no constitutional requirement that states be contiguous. That means, he writes, “potential secessionists could go ‘on the market’ to find the best potential state to unify with.”

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Extended News; Government
KEYWORDS: secessionlist
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Interesting article. Could there someday be, say, a Greater Wyoming? Or an Outer Texas?
1 posted on 10/11/2013 1:00:22 PM PDT by RKBA Democrat
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To: noprogs; ColdOne; KC_Lion; boxlunch; Jack Black; Nowhere Man
Secession and Anti-Secession Ping and Prayer list
Stories and commentary both for and against secession.

To be added or taken off this list, please send a FR mail to RKBA Democrat. DISCLOSURE: I'm ANTI-secession, but I'll attempt to administer the ping and prayer list fairly for seceshers, ejectors, and anti-seceshers of Good Will. Search the keyword "secessionlist" to see previous articles and pings.

2 posted on 10/11/2013 1:01:21 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: RKBA Democrat

pls provide some details on how to do...let’s go!!!!!!!


3 posted on 10/11/2013 1:02:52 PM PDT by ldish (Have had enough...you??????)
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To: RKBA Democrat
While it may be more convenient, there’s no constitutional requirement that states be contiguous.

We're essentially at the point where few people would have to pick up and move, if this is the case. The cities and outer urban areas are already almost 100% blue. Everywhere is, by and large, already red. What say we just call the blue places "Obamaland" and the red (traditionalists that we are) can hang onto the "U.S.A".

4 posted on 10/11/2013 1:05:30 PM PDT by workerbee (The President of the United States is DOMESTIC ENEMY #1)
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To: RKBA Democrat

John Roberts says “No”.


5 posted on 10/11/2013 1:09:07 PM PDT by moovova
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To: RKBA Democrat

Can a state send a part of its territory to another state. . .for example. . .Let’s just say all territory north of the Occoquan River will now be Maryland (formerly Northern Virginia)


6 posted on 10/11/2013 1:12:30 PM PDT by McBuff
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To: RKBA Democrat

My lawyer buddy says this is all intellectual...uh “self abuse”, and that no state is going to allow any part of itself to secede.

I’m not so sure, at least that some group won’t have the motivation to at least try, and end up in a court battle. Maybe this is the lever they should pull.


7 posted on 10/11/2013 1:13:37 PM PDT by bigbob
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To: ldish

“pls provide some details on how to do...let’s go!!!!!!!”

First I’ve heard of it. If I see anything else, I’ll pass it along.

It really is an intriguing idea. A win/win/win. Alaska could get some vaunted warm weather locales, and Wyoming could get some population. Conversely, the socialists could join Vermont and be just as socialist as they wanted to be.


8 posted on 10/11/2013 1:13:47 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: RKBA Democrat
I live 9 miles from Texas.

We are getting more willing to go every day.

9 posted on 10/11/2013 1:14:58 PM PDT by elkfersupper
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To: RKBA Democrat

Have northern Colorado join Wyoming.

Northern California (excluding Frisco) and parts of Oregon should join Nevada. That would cancel out Harry Reid’s constituency in Las Vegas. Also it would save the Northern Sierra from the crazies in the Bay Area.


10 posted on 10/11/2013 1:16:59 PM PDT by SC_Pete
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To: ldish

CRAP! I already moved from Seattle to KY.

Never mind. I prefer the climate anyway.


11 posted on 10/11/2013 1:17:02 PM PDT by cuban leaf
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To: RKBA Democrat
Interesting article. Could there someday be, say, a Greater Wyoming? Or an Outer Texas?

West Dakota :)

12 posted on 10/11/2013 1:18:33 PM PDT by Alex Murphy (Just a common, ordinary, simple savior of America's destiny.)
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To: RKBA Democrat

Actually, this professor is moving in the direction of what would be an interesting solution—have every citizen choose his or her state of affiliation/residence. Regardless of the physical location of the individual, residency would be a choice. The handling of land deeds, interstate commerce, and some matters would require considerable theorizing to arrive at a practical model, but it is an interesting thought experiment.


13 posted on 10/11/2013 1:19:39 PM PDT by iacovatx (Conservatism is the political center--it is not "right" of center)
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To: moovova

“John Roberts says “No”.”

John Roberts won’t be around forever. And I’m not so sure he could prevent it if all parties were up for the change. Courts settle disputes. So where’s the dispute?

Let’s take northern CO for example and assume secession to Wyoming. The seceshers are stirring up all sorts of problems for the libs in Denver, and the libs have a point: these parts of the state are economic drains from their perspective. So let them go. The libs keep their revenues to spend on welfare or marijuana or whatever and they get rid of the bible-thumpers that they detest. Wyoming picks up more land and people.


14 posted on 10/11/2013 1:20:47 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: bigbob

“...no state is going to allow any part of itself to secede.”

Which is the bigger problem with secession. However, at a certain point a very dedicated and troublesome region becomes less of a problem to simply be rid of, rather than being kept.


15 posted on 10/11/2013 1:24:07 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: bigbob

—and that no state is going to allow any part of itself to secede—

Specially the part with the money.


16 posted on 10/11/2013 1:24:30 PM PDT by rightly_dividing (Phil. 4:13)
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To: cuban leaf
Are you


17 posted on 10/11/2013 1:25:58 PM PDT by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: moovova

You said; “John Roberts says “No”.”

He is not in congress.


18 posted on 10/11/2013 1:27:02 PM PDT by alphadog (2nd Bn. 3rd Marines, Vietnam, class of 68)
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To: SC_Pete

-—beat me to it -—boot Clark County out of Nevada along with most of Reno, join the northern rural California counties-—and Inyo-Mono and San Bernardino county excluding San Bernardino proper-—


19 posted on 10/11/2013 1:27:16 PM PDT by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: bigbob
My lawyer buddy says this is all intellectual...uh “self abuse”, and that no state is going to allow any part of itself to secede.

The article addressed that very point. Give it a read.

20 posted on 10/11/2013 1:28:35 PM PDT by FreeReign
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