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Is Secession Legal: An Open Letter to Attorney General Sessions
Artful Dilettante ^ | March 7, 2018 | Artful Dilettante

Posted on 03/07/2018 9:14:46 PM PST by huckfillary

No, Mr. Attorney-General, secession and nullification are not settled law. Laws against nullification and secession are the illegitimate offspring of the War of Independence.

The Founders were secessionists, no, Mr. Sessions? Were you asleep during your 6th grade history class as much you are today? Every government that exceeds its constitutionally mandated powers is illegitimate. As such, the states are free to go. Haven’t you noticed that the federal government has completely trashed the Tenth Amendment guaranteeing the states and the people the power of authority over those powers not granted the federal government under Article 1, Section 8? When you assert that federal law is the supreme law of the land, are you declaring in essence that the Tenth Amendment is null and void? If so, you are a feckless traitor.

I would under ordinary and legitimate circumstances agree with your position on California’s “sanctuary state” laws and its openly impeding the enforcement of federal immigration laws. The Constitution is quite clear that immigration is an authorized power of the federal government under Article 1, Section 8.

But given the fact that the federal government has so exceeded the powers authorized by USC Article 1, Section 8, so egregiously, so flagrantly, and in so many ways over so many years, and all but ignored our sacred Tenth Amendment, it is clear that our government is illigimate, and that under the circumstances, I cannot support your stance.

I suggest you read the attached essay. You might learn something.

http://www.theamericanconservative.com/articles/is-secession-legal/


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: bloggers; california; constitution; immigration; sessions
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To: MamaTexan
that whenever any form of government is destructive of the ends of its institution, it is the right of the people to alter or abolish it, and to institute new government

Yes, there is a right of revolution. Our very nation is founded upon it.

However.

Unilateral secession must inevitably have recourse to the Laws of War. A seceding California must either purchase, leave alone, or seize all the assets within the State that were created by and belong to the rest of us.

Since they cannot afford to purchase the Navy facilities at San Diego, for example, and since we would be crazy to give them up, they must have recourse to the Laws of War to have them, and, once that dog is let out of its kennel (which, as you point out above, they have the Right to do), then they will have to abide by the result.

And the result of California warring on the United States is quite unlikely to produce the result the secessionists desire.

41 posted on 03/08/2018 5:41:00 AM PST by Jim Noble (Single payer is coming. Which kind do you like?)
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To: huckfillary

Haha California, you don’t think they’ll actually let you secede, do you?

Regards,

The South


42 posted on 03/08/2018 6:01:52 AM PST by bk1000 (I stand with Trump)
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To: Jim Noble
Yes, there is a right of revolution.

A half-truth. According to the DECLARATION, 'it is the Right of the People to alter or to abolish' the government.

If you allow government to control the extent and exercise of our Rights.... that makes all the government's 'gun control' laws legitimate.

We may have a Right to a Revolution, but that still doesn't give the government the ability to control secession, particularly since their is no authority given FOR it in the Constitution.

43 posted on 03/08/2018 6:04:33 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: huckfillary
I would under ordinary and legitimate circumstances agree with your position on California’s “sanctuary state” laws and its openly impeding the enforcement of federal immigration laws. The Constitution is quite clear that immigration is an authorized power of the federal government under Article 1, Section 8.

So, as far as immigration law goes, the federal law is the supreme law of the land.

Why, then, would the writer only agree with Sessions' position on immigration under "ordinary circumstances? If he is correct, you should agree with him on the particular issue, even if you disagree with him on other issues.

I cite as my legal precedence the case of "Blind Pig vs. Acorn".

44 posted on 03/08/2018 6:10:13 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill.)
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To: Jim Noble
Unilateral secession must inevitably have recourse to the Laws of War

Says who? You can't operate under the Articles of War until war is Declared.

War is a FORMAL process of government, not an action.

45 posted on 03/08/2018 6:10:45 AM PST by MamaTexan (I am a person as created by the Law of Nature, not a person as created by the laws of Man.)
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To: mrsmith

If war decides law then we should always be fighting it.
Everyone should be working on ways to distory Washington and it’s army, to reclaim our own freedom.

Secession is a foundational to the very idea of a free country. A free country depends upon this one idea that the people who make it consent to the terms of government, indivuals, regionally, and as a whole.

This means that secession must be a natural and inalienable right only to be used at last resort. The caveoit is secession exposes one to the anarchy between states and thus war.

The civil war legally created new countries then 1 Confederacy. That Confederacy was conquered by the United States. To deny it existed is to deny that usa existed in 1776.


46 posted on 03/08/2018 6:14:12 AM PST by Monorprise
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To: WayneS

...precedent...

Sorry about that.


47 posted on 03/08/2018 6:14:34 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill.)
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To: DoodleDawg
“The question is how to go about it, and James Madison gave what is likely the best process: “A rightful secession requires the consent of the others, or an abuse of the compact, absolving the seceding party from the obligations imposed by it.”

Later a fire-eater from one of the slave states said on the floor of Congress what most people of the time believed:

“Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better.”

That Congressman then was still known as Honest Abe.

48 posted on 03/08/2018 6:28:45 AM PST by jeffersondem
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To: Chewbarkah

“SCOTUS decision in 1867 in case of Texas v. White held that the Constitution provides no avenue for unilateral secession by a State once it joins the prison, er...Union. The acts of secession, the Confederacy, all deeds of Confederate State governments, etc. were all null and void.”

Victor’s Justice.

It can’t be a surprise that federal officials defended the federal government’s decision to kill 600,000 Americans.


49 posted on 03/08/2018 6:32:46 AM PST by jeffersondem
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To: jeffersondem

You keep overlooking the “...and having the power...” part of that quote. The South was so inclined. And they did try to rise up and shake off the existing government. But they didn’t want it badly enough to win their rebellion, unlike our Founding Fathers. They were lacking in power. Or perhaps it was because they were motivated by slavery and in the end that really wasn’t worth the struggle.


50 posted on 03/08/2018 6:48:09 AM PST by DoodleDawg
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To: jeffersondem
Victor’s Justice.

And loser's whining.

51 posted on 03/08/2018 6:52:13 AM PST by DoodleDawg
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To: Regulator

If California seceded it would end up in a civil war as some counties want to remain in the United States.


52 posted on 03/08/2018 6:54:23 AM PST by captain_dave
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To: hirn_man

The legislatures of every Southern State voted to secede so it was not exactly mob rule. The Civil War cost the equivalent of 20,000,000 lives. If there any cause today other than freedom itself that would be worth forcing a state or states to remain in the Union?


53 posted on 03/08/2018 6:55:20 AM PST by georgiarat (The most expensive thing in the world is a cheap Army and Navy. - Carl Vinson)
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To: DoodleDawg
“Or perhaps it was because they were motivated by slavery and in the end that really wasn’t worth the struggle.”

Lincoln's support of secession is mentioned and it takes you exactly one post to play the race card. This ties your indoor record.

Next you will say the word Hitler.

54 posted on 03/08/2018 7:04:28 AM PST by jeffersondem
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To: jeffersondem
Lincoln's support of secession is mentioned and it takes you exactly one post to play the race card. This ties your indoor record.

Funny, I don't see the word "secession" anywhere in Lincoln's speech. References to "rebellion", sure. But noting on secession.

Next you will say the word Hitler.

Let the record show that the first reference to him was from a Lost Causer.

55 posted on 03/08/2018 7:17:04 AM PST by DoodleDawg
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To: mrsmith

The seditionists in California are going to learn a harsh lesson...


56 posted on 03/08/2018 7:26:16 AM PST by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: BradyLS

The DNC won’t let CA’s electoral spiked club leave the Union.


The DNC is soon to be outlawed as a criminal organization...


57 posted on 03/08/2018 7:28:01 AM PST by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: freedomjusticeruleoflaw

I could not be more serious right now... Let California go.


No, let the whiners leave like they claimed they would if/when Trump won.


58 posted on 03/08/2018 7:29:22 AM PST by Hotlanta Mike ("You can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: huckfillary

The US Constitutions is silent on the subject of secession. This makes it up to the states to decide. If they vote to leave then they can go. I have no problem with any state wanting to go on it’s own. Vaya con Dios. Stopping a state from leaving is not worth spilling even one drop of blood over.


59 posted on 03/08/2018 7:33:43 AM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: huckfillary

If we could separate CA from the mainland and tugboat it hundreds of miles out to sea; I’d say let it go.

Since we can’t do that; CA cannot secede. It’s simply too much of a security risk. Also, since the dems in CA allowed an invasion of foreigners for votes and power, those people must be removed as the normal and just part of the process of fixing the terrible injustice done by the dems. This is so simple even an illegal can understand it.


60 posted on 03/08/2018 7:39:25 AM PST by Boomer (Leftism is a Mental Cancer on Society! Pray for a cure for the diseased and damaged left!)
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