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re: If secession was legal then what right did the North have to keep the South in the USA?
Posted on 8/17/17 at 5:17 pm to Turbeauxdog
Posted on 8/17/17 at 5:17 pm to Turbeauxdog
quote:I was trying to find some legal opinions on this because it is interesting, and I can actually see both sides.
No.
But here is my initial thought. Since the Constitution does not specifically address leaving the Union, but does address joining it, wouldn't it be logical that the same mechanisms for joining would be instituted in leaving?
In other words, a state can secede if:
1. Has a democratically decided process to declare secession (via its own constitutional process).
2. Submit the declaration congress.
3. Congress votes to allow secession.
I mean it doesn't seem reasonable to say secession is impossible, but it doesn't seem reasonable that a state can just decide it's going to secede without consideration from the same body that allowed them to join the union in the first place.
Posted on 8/17/17 at 5:23 pm to buckeye_vol
quote:The 10th Amendment says no!
But here is my initial thought. Since the Constitution does not specifically address leaving the Union, but does address joining it, wouldn't it be logical that the same mechanisms for joining would be instituted in leaving?
No mechanisms defined means that right is ceded to the state(s).
Posted on 8/17/17 at 8:47 pm to buckeye_vol
quote:
In other words, a state can secede if:
1. Has a democratically decided process to declare secession (via its own constitutional process).
2. Submit the declaration congress.
3. Congress votes to allow secession.
I can understand your line of thinking, but I have to disagree with #3. It seems obvious that you would need the group members' acceptance to join the group. However, you should not have to have their permission to leave. That is going against personal freedom.
To explain it simply, I have to have a company's permission to start working for them. I don't have to have their permission to leave.
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