Posted on 08/29/2014 3:07:12 AM PDT by lbryce
The bottom line is that it is rather obvious that the underlying, fundamental dynamics for these two counties to seek the creation of their own state is a a direct result of Obama, his policies, his desire to create as much havoc, dysfunction and upheaval in whatever way he can. His policies, especially regarding immigration, has directly impacted the political ramifications by these two counties in consideration of this move.
Sue in what venue? Article IV Section 3 gives state legislatures the power to veto the creation of new states from their territory. The courts have nothing to say about it.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
No, there isn't. The US Constitution is very clear on that.
I think in general....the public has come to realize that one-size-fits-all in terms of state governments...doesn’t work.
I could see a reason to open up a split season....move to seventy-five states...dump the necessity for US senators...and eliminate several methods from which the Supreme Court throws itself into state matters.
Anyone who lives in California will tell you that the current state government is dysfunctional and unable to represent regular state residents. It’s a lobbyist-government and geared toward wealth redistribution more than anything else.
There is one other document, The Declaration of Independence. Use only as a last resort, and expect violent push back from the PsTB, but it is the ultimate, get out of tyranny permission slip from God.
"When in the Course of human events, it becomes necessary for one people to dissolve the political bands 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..."
Puts an end to that “opportunity”. The ba$tards in Washington have tied everything tightly to remain in control of everyone else. Can't have any dissension now, can we?
The Declaration of Independence has nothing to do with trying to create a new state from the territory of an existing one. You can use it as a moral justification for seceding from the US, or for overthrowing the current government, but it has no legal authority.
It appears, to me, that it would be SEPARATE from California.
Sorry; they want to STAY in the US; but SECEDE from Californicate!
Four more Democrat Senators?
Aw, hell....let Oregon have them. They’re all the same anyhow. A couple of more looney-toon jurisdictions added to a looney-toon state won’t make much difference.
It appears, to me, that it would be SEPARATE from California.
The meaning is: "...no new State shall be formed or erected within what had previously been the jurisdiction of any other State..."
In other words: No new State may be formed on territory hitherto within the jurisdiction of any other State.
Regards,
Our current constitution is our second constitution, the Articles of Confederation was our first.
And of course we adopted our second and current constitution in an unconstitutional way, since the Articles of Confederation required unanimous consent of the states to amend it.
The constitution was adopted after only 9 of 13 states approved it.
So there is precedent...
what arguments did W VA and NH from MA make to make their new states?
Don’t know what most of east CA doesn’t form their new state either, and while they’re at it maybe the 3 counties in the south east of my state Miami, Broward and Palm for their new state too
NH broke from MA, W, VA broke from VA, curious as to what arguments they used to form their new state
Not under the Constitution, no.
I think they want to remain a part of the U.S. so I don't see were the Declaration of Independence has any relevance.
West Virginia separated from Virginia at the start of the Civil War. Being an area largely without slaves and with strong Union sentiments, they made no "argument", they just did it.
When the Virginia legislature voted on an "Ordinance of Secession", the delegates from the northwestern counties voted roughly 2-to-1 against it. Then, when the ordinance was ratified by a popular vote, the northwestern counties again voted against it -- by a roughly 2-to-1 margin.
Whereupon a convention of the northwestern counties was called in Wheeling in June, 1861 and they voted to secede from Virginia and apply for statehood in the Union. Statehood was granted in 1863.
West Virginia’s statehood was an act of conquest by a foreign power. New Hampshire was a colony before independence.
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