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Does a State have the right to secede?
08-20-2013, 06:03 PM
Post: #5
RE: Does a State have the right to secede?
In Texas v. White, the United States Supreme Court ruled unilateral secession unconstitutional, while commenting that revolution or consent of the states could lead to a successful secession.

The Declaration of Independence states:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The right of revolution expressed in the Declaration was immediately followed with the observation that long-practiced injustice is tolerated until sustained assaults on the rights of the entire people have accumulated enough force to oppress them; then they may defend themselves.

Historian Maury Klein describes the contemporary debate: "Was the Republic a unified nation in which the individual states had merged their sovereign rights and identities forever, or was it a federation of sovereign states joined together for specific purposes from which they could withdraw at any time?"

Patrick Henry adamantly opposed adopting the Constitution because he interpreted its language to replace the sovereignty of the individual states

President James Buchanan gave a different voice—one much more accommodating to the views of the secessionists and the 'slave' states—in the midst of the pre-War secession crisis. In his final State of the Union address to Congress, on December 3, 1860, he acknowledged his view that the South, "after having first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resistance to the Government of the Union"; but he also drew his apocalyptic vision of the results to be expected from secession.

That was for arguments sake. My personal opinion is:

"I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."

" Any man who thinks he can be happy and prosperous by letting the American Government take care of him; better take a closer look at the American Indian." - Henry Ford
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RE: Does a State have the right to secede? - brtmchl - 08-20-2013 06:03 PM
RE: Does a State have the right to secede? - Hess1865 - 08-24-2013, 09:04 PM

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