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“The Civil War settled it. Secession is unconstitutional.”

Posted on 11/20/18 at 8:04 pm
Posted by baybeefeetz
Member since Sep 2009
32590 posts
Posted on 11/20/18 at 8:04 pm
Isn’t that is a massive brainwashing? Why on earth can’t a state choose to leave the union peacefully?



I know this has been discussed here before, but never by me.

I don’t think any state should secede. But to say there’s no way out - how does that express the circumstance of a sovereign state or a free people?
This post was edited on 11/20/18 at 8:09 pm
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 11/20/18 at 8:08 pm to
There wasn't supposed to be a way out of the Roman Empire either.

People who think anything is permanent just because it has been around longer than they have lived is literally shortsighted
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 11/20/18 at 8:08 pm to
The winners have always made the rules
Posted by baybeefeetz
Member since Sep 2009
32590 posts
Posted on 11/20/18 at 8:09 pm to
A rule is one thing. A mass delusion is another.
This post was edited on 11/20/18 at 8:10 pm
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
69701 posts
Posted on 11/20/18 at 8:09 pm to
Because if a state like California were to secede, a massive chunk of the national economy would secede with it. We are all interdependent on one another. Why would the federal government allow something to happen that would be so against its interests? One state leaving effects the whole of us. Plus....federalism triumphed in the Civil War. That's why.
Posted by baybeefeetz
Member since Sep 2009
32590 posts
Posted on 11/20/18 at 8:10 pm to
So what? Maybe banning guns would help the economy. We wouldn’t do that for such a reason. Nationalizing the steel industry might, too. Um...
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 11/20/18 at 8:10 pm to
quote:

to say there’s no way out - how does that express the circumstance of a sovereign state or a free people?


The USA >>>> your state

That's how.
Posted by C
Houston
Member since Dec 2007
28163 posts
Posted on 11/20/18 at 8:11 pm to
quote:

on earth can’t a state choose to leave the union peacefully


Because the union has forcefully prevented it in the past... so proceed with caution.
Posted by baybeefeetz
Member since Sep 2009
32590 posts
Posted on 11/20/18 at 8:11 pm to
So then what rights do the states have as against the fed gov? I want to understand what principle makes secession not okay but protects some other basic right.
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
69701 posts
Posted on 11/20/18 at 8:12 pm to
quote:

So what? Maybe banning guns would help the economy. We wouldn’t do that for such a reason. Nationalizing the steel industry might, too. Um...


#Strawman.

I'm simply telling you why a state can't leave peacefully. If one goes, multiple states will go with it. A trickle becomes a flood and the whole foundation falls apart as a result. Such an outcome would inevitably lead to war.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 11/20/18 at 8:12 pm to
Secession from the British Empire was illegal too.

Secession is okay as long as you win.
Posted by baybeefeetz
Member since Sep 2009
32590 posts
Posted on 11/20/18 at 8:13 pm to
You are talking about practical consequences. How does that make it a binding rule? Is it unconstitutional?
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 11/20/18 at 8:13 pm to
quote:

what rights do the states have as against the fed gov?


Only those that do not go against what the federal government deems are for the good of the collective.

quote:

want to understand what principle makes secession not okay but protects some other basic right.



Apples to oranges. There's no basic right to secession.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 11/20/18 at 8:14 pm to
quote:

A mass delusion is another.


What are you talking about? At present it is a FACT that current legal precedent states a state cannot unilaterally decide to leave the union.

You may not like it, but to say it’s delusional to claim current law is, in fact, current is nonsensical.
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
69701 posts
Posted on 11/20/18 at 8:14 pm to
quote:

Is it unconstitutional?


Texas v. White (1869) says yes.
This post was edited on 11/20/18 at 8:15 pm
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 11/20/18 at 8:14 pm to
quote:

Secession from the British Empire was illegal too.

Secession is okay as long as you win.



Essentially.

You wanna rebel, you'd best not take an L.
Posted by LSURussian
Member since Feb 2005
133596 posts
Posted on 11/20/18 at 8:18 pm to
The Civil War didn’t settle whether secession was illegal, only impractical from a then military standpoint.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 11/20/18 at 8:20 pm to
Any state could secede tomorrow and the military couldn’t do anything about it. I know this because I learned all about posse comitatus in the caravan threads.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 11/20/18 at 8:20 pm to
quote:

Is it unconstitutional?


Yes, current legal precedent established by the USSC in 1869 states that it is unconstitutional

LINK
Posted by Roger Klarvin
DFW
Member since Nov 2012
46671 posts
Posted on 11/20/18 at 8:21 pm to
quote:

The Civil War didn’t settle whether secession was illegal


Correct, Texas v. White did
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