Every piece of legislation passed by Congress and signed by President Lincoln that dealt with the confederacy as “states of the union in rebellion” and not as a separate nation made that point: ie. Instituting a draft, blockade of southern ports, expelling southern states’ representatives and senators and replacing them with new members of Congress who were loyal to the Union, et cetera.
Is there a specific law that says states can’t secede? No, but case law has the same force as legislative law.
“If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”— Justice Antonin Scalia
oh contraine mon ami - The Supreme Court ruled that succession is allowed with ‘the consent of the states’
I am thinking that the 2/3s of state legislatures controlled by Repubs will gladly consent to CALexit
But I think you know where I am going with this, right?
Nothing was done explicitly through legislation. Nothing was done to amend the Constitution.
Calling this issue settled from a constitutional perspective is like calling Dredd Scott v. Sanders settled constitutionally speaking.
At best, it is wishful thinking.