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The BIG question lately - CAN STATES SECEDE?
discussion

Posted on 04/17/2009 10:17:36 AM PDT by RED SOUTH

Article VII sets out the provision for original ratification, and that Article IV empowers Congress to admit new States, but that no provision of the Constitution authorizes a state to leave the Union or bars it from doing so. The constitution does not say anything about states leaving.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: cwii; statesrights; texas
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To: RED SOUTH

The “dividing line” is urban/rural, not state/state. Secession isn’t viable.


101 posted on 04/17/2009 11:14:03 AM PDT by ctdonath2 (John Galt was exiled.)
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To: Jedidah
I am a Texan who would be within that 25% who would vote "yes" for secession. I just filed in which $45K goes to our illustrious government to waste. Outside of National Defense, did I get my money's worth??? ...Hell No!!!!

I think Texas could become a haven for the conservatives of the U.S., and if allowed to be done peacefully would be a great place to avoid the Obama communist revolution which is being implemented at warp speed.

Will it happen?...No since the other 75% don't mind having socialism force fed down their throat.

102 posted on 04/17/2009 11:18:32 AM PDT by catfish1957 (Hey algore...You'll have to pry the steering wheel of my 317 HP V8 truck from my cold dead hands)
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To: adorno
Once a state leaves or is allowed to leave, and each state becomes a sovereign country in its own right, they would be free to do as they wish.

You say that like it's a bad thing.

103 posted on 04/17/2009 11:19:34 AM PDT by meyer (Obama is to the USA as Mugabe is to Zimbabwe.)
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To: Non-Sequitur

If one state has a right, all the others in the union share that right. Rhode Island and Virginia made provisions for backing out, so any other state can as well.


104 posted on 04/17/2009 11:19:52 AM PDT by Feline_AIDS (Because canine AIDS ain't funny.)
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To: FreedomFerret

The electoral college has NOTHING to do with what I’m talking about.


105 posted on 04/17/2009 11:20:13 AM PDT by SwankyC (Please stand by - The Patriot Act can and will be used against all of you right wing extremists.)
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To: Big_Monkey
My strategy of getting in the good graces of Jon Stewart? What the F are you talking about?

Try to talk like a grown up. You brought up snarky faux-news shows and the need to avoid drawing their ire, not me. You weren't talking about Greg Gutfeld, were you?

And good luck with those elections you're going to take after you win over the middle ground. I'm sure the leftist vote fraud behemoth that just got more than 5 billion dollars in federal funds (for starters) will just stand aside and allow the voters to decide the country's future.

That's sarcasm. You've seen your last free and fair election in this country. If you don't understand that now, you will soon enough.

106 posted on 04/17/2009 11:21:36 AM PDT by WhistlingPastTheGraveyard
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To: armymarinedad

Are you saying that the Texas border would be less protected from illegals and drug dealers if it were a nation than it is now and do you believe that foreigners would just come in and have Ft. Hood for their own training base?


107 posted on 04/17/2009 11:21:48 AM PDT by ansel12 (Romney (guns)"instruments of destruction with the sole purpose of hunting down and killing people")
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To: Abundy

I agree. We can’t win this country back. We have irreconcileable differences with the left that cannot be worked out. It is time for both sides to realize this and agree to split.


108 posted on 04/17/2009 11:22:25 AM PDT by Halls (This nation needs Jesus!)
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To: ansel12

“Texas can become five states but it can’t legally secede.”

Yep. And this is why states like California need to split up :-)!

Quite honestly, and I might get slammed being a “big government supporter”, but I think we can work to solve many of the nations problems by EXPANDING the number of representatives in the house beyond this ridiculous 1 Rep. = 750,000 people nonsense!!!!! Bring it down to 1 Rep. = 100K people OR 30K as spelled out in the constitution.

You can keep the capitol and Senate in Washington, but regionalize the house to save on travel costs. This way, people will hopefully know their representative a bit more and the “madhouse” effect will keep only those dedicated to their job in power. Moreover, corrupting 5K or 10K people won’t be as easy :-)!

Those are just my thoughts though...I am sure those smarter than I can rebuke those sentiments in a heartbeat.

I am not for states seceding though. Despite this bullcrap occurring in our nation at this time, it shouldn’t mean we give up the United States of America as it exists today simply due to some idiots taking charge of the nation right now.

We still have the power....it may not seem like it now, but we do.


109 posted on 04/17/2009 11:22:27 AM PDT by edh (I need a better tagline)
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To: chrisser

I posted very similar comments on the Austin Stateman’s website yesterday. I fully agree with you!


110 posted on 04/17/2009 11:23:44 AM PDT by terryt
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To: Feline_AIDS
If one state has a right, all the others in the union share that right. Rhode Island and Virginia made provisions for backing out, so any other state can as well.

Not unless the Constitution allows for it. As I've said on many occasions, I believe that all states have the right to secede with the consent of the other states. No state has the right to secede unilaterally. Regardless of what their rarification document says.

111 posted on 04/17/2009 11:24:01 AM PDT by Non-Sequitur
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To: DoughtyOne
When was the last real drive to register new Republicans?

When was the last time the Republican party was actually the conservative party? That's the problem - it's not just the fact that the party isn't signing on new members. It's that the party has evolved (devolved) into "liberal-lite".

I left them 3 years ago for that very reason.

112 posted on 04/17/2009 11:25:59 AM PDT by meyer (Obama is to the USA as Mugabe is to Zimbabwe.)
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To: RED SOUTH
" The first paragraph of the Declaration of Independence answers the question for me. Now we can have a honest debate if it was “necessary” in 1861, or what would it take to be “necessary” in the future, but I don't think we can make a point this paragraph only was for the eyes of King George and those living in the 18th century.

" When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

113 posted on 04/17/2009 11:26:08 AM PDT by NavyCanDo (Party like its 1773)
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To: DoughtyOne

I wish I could share your optimism. However, it is difficult when confronted by the tripartite cabal of the .gov, liberals and the media.

Take John McCain for instance. NOT a good candidate, but poll numbers had him go ahead of obama - right after he picked Palin. That enthusiasm and that lead evaporated almost instantly as the media, like a pack of hyenas, went to work in a deliberate and furious character assassination of that fine woman. Same with Joe the Plumber. Same with the tea party. Yet we still know jacks^!t about obama.

And forget about the Republicans. They have been spineless in the face of this and are rendering themselves into irrelevance as they alienate their conservative base. Republicans have further demonstrated that they can’t be counted on to be the responsible stewards of our tax money that conservatism and limited government require.

Not saying all is lost, but it certainly appears that way.


114 posted on 04/17/2009 11:26:10 AM PDT by KeyesPlease
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To: RED SOUTH
The BIG question lately in 1860 - CAN STATES SECEDE?

The BIG answer, provided by U.S. Supreme Court decision in 1869:

Unilaterally, they cannot, just as states cannot unilaterally enter the union on their own accord. Both acts require the consent of the Union as a whole. Specifically, the final step of whether a state is admitted or withdrawn from the union (or whether it is merged into another state or split into multiple states, or separated from another state) is determined by act of Congress.

The Constitution clearly states that members of the federal government, as well as state legislatures, are bound by oath to support the U.S. Constitution, and that they cannot form any confederation with another state without consent of Congress first. States cannot wage war or take up arms against the United States (this clause was provided because the original government, the "articles of the confederation" that the founders created from 1774-1789, allowed states to ignore the federal government ruilings and take up arms against the government, and it proved to be a disaster)

States agreed to these terms (that they were bound by oath to stay loyal to the U.S. Constitution and could not unilaterally create their own rival government) before they agreed to enter the union. States who violate these terms, (like South Carolina attacking U.S. military installations and seizing federal property without consent of Congress) are engaged in armed insurrection against the United States and the rebellion can be put down accordingly.

The United States did not "secede" from the United Kingdom, since the United State was not a state within the U.K. Their are 86 Counties (their equivalent of "state") in the Great Britain, and none of the 13 colonies in North America was one of them. The last time any the 86 counties were engaged in insurrection against the government was the British civil war in the 1600s (the American colonies did NOT participate in that skirmish, but since the anti-royality faction won, we were briefly governed by a new nation, the short lived "Commonwealth of England" from 1649-1660)

115 posted on 04/17/2009 11:26:18 AM PDT by BillyBoy (Impeach Obama? Yes We Can!)
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To: RED SOUTH

OK. How does a state go about seceding? Does the governor say, we want to secede? And then what? Does it not participate in sending federal taxes? Do they cancel elections for Senators and Congressmen? And what if the people of the state do not wish to participate in secession? Do they just move?


116 posted on 04/17/2009 11:26:49 AM PDT by murron (Proud Marine Mom)
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To: terryt

I recall that someone once said “The Constitution is not a suicide pact”.

That pretty much sums up my view as to whether or not a state has the right to seceed.


117 posted on 04/17/2009 11:28:40 AM PDT by chrisser (Those who say we "did nothing" about Bush's spending must have missed the 2006 election.)
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To: edh
I might get slammed being a “big government supporter”, but I think we can work to solve many of the nations problems by EXPANDING the number of representatives in the house beyond this ridiculous 1 Rep. = 750,000 people nonsense!!!!!

I couldn't agree with you more.

118 posted on 04/17/2009 11:29:08 AM PDT by WhistlingPastTheGraveyard
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To: RED SOUTH

I believe New York was one of the states that reserved all rights of secession, and the Federalists HAD to accept it, because they needed New York.


119 posted on 04/17/2009 11:29:50 AM PDT by djf (Live quiet. Dream loud.)
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To: Non-Sequitur

Why secede? Just exert state sovereignty on a range of issues such as regulations, transportation, trade and taxes.


120 posted on 04/17/2009 11:30:27 AM PDT by IDRATHERNOT
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