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To: FreedomCalls

Don’t you need an Act of Congress to secede?


6 posted on 08/27/2007 1:44:51 PM PDT by Borges
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To: Borges
NOPE.

not in 1861, 1961 or 2061.

THE STATES created the federal government. the several states remain FREE to :

modify

replace

withdraw from and/or

DESTROY that union "at their OWN motion".

the 10th Amendment to the Constitution makes those GOD-given rights perfectly clear to anyone except the most radical of unionists.

free dixie,sw

43 posted on 08/27/2007 2:32:38 PM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: Borges
"Don’t you need an Act of Congress to secede?"

The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

We can all agree that the right to secede is not expressly "prohibited" to the States in the constitution. If it were, the argument would be mute. Thus, under the plain meaning of the Tenth Amendment, the States retain or possess the right to secede, just as citizens possess the right to renounce ones citizenship. The Tenth Amendment also makes clear that a right or power need not be expressly granted to the States by the Constitution. Rather, the States are irrebuttably presumed to have such a power, unless that power is expressly taken from them by the Constitution.

This textual reading is buttressed by the historical fact that the States had the right to secede in 1776 and did not expressly give up that right in ratifying the Constitution. To the contrary, several states, including New York, in their acts of ratification, noted that "the powers of government may be reassumed by the people, whensoever it shall become necessary to their happiness."

65 posted on 08/27/2007 4:35:56 PM PDT by Natural Law
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To: Borges
Don’t you need an Act of Congress to secede?

Where is that written?

66 posted on 08/27/2007 4:39:09 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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