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Thursday, February 9, 2012

Can states secede?

Yes. The constitution states that all in-numerated powers in the constitution, are left to the states.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." 10th amendment


This right here is enough evidence to have the right to secede. Also there is no historical evidence saying you cannot secede! [1] Actually is used to be legal! [1] The right to secession lasted 40 years until the perpetual union argument arose. [1]


 Debunking of the perpetual union clause:

Nowhere in the constitution does it say anything about a perpetual union. [2]

"It is safe to say that there was not a man in the country, from Washington and Hamilton to Clinton and Mason, who did not regard the new system as an experiment from which each and every State had a right to peaceably withdraw." [2] [3]

So, let's reverse back to the 10th amendment, then talk about what I claimed above. The 10th amendment, as quoted above, says all not mentioned power is left up the the states or the people. Now as the constitution doesn't mention a perpetual union then each state ought to decide. So this perpetual union is an utterly false claim. As it is not mentioned by the constitution, the states or the people should decide. Here's what I mean:

60% of America says we should have a perpetual union clause, then we have is as the tenth amendment says to the people or the states.

or.

60% of America want's to have the right to secession, then we have a right to secession as the tenth amendment says if it isn't there, the people or the states choose.

Let's say the states choose:

2/3's say no perpetual union, then we are allowed to secede.

etc.

Quite simple. Now my claim above about the founding fathers. This is just an extra argument, showing the constitution would not have an anti secession clause written into it (at least at the time it was written). If all of them where pro-secession then the constitution woudl NOT BE ANTI SECESSION.


"Even in The Federalist, the brilliant propaganda papers for ratification of the Constitution (largely written by Alexander Hamilton and James Madison), the United States are constantly referred to as “the Confederacy” and “a confederate republic,” as opposed to a single “consolidated” or monolithic state. Members of a “confederacy” are by definition free to withdraw from it." [4]

Now, as the federalist papers, a document for the constitutions ratification may I add, was pro-secession. If this was the case then logically it should be allowed.

I have proven my point, allow states to secede if the majority of their populous says so, or the state government so chooses. It's their right.




 sources:



http://www.bonniebluepublishing.com/The%20Right%20of%20Secession.htm [1]
http://civilwar.bluegrass.net/secessioncrisis/890304.html [2]
Life of Webster By: Sen. Henry Cabot Lodge [3]
http://www.sobran.com/columns/1999-2001/990930.shtml [4]