Redfish
Diamond Member
- Jan 29, 2013
- 48,420
- 10,827
The real question is whether the US would take up arms against a state or states that decided to secede. Its not about 'permission' or 'legality'.
Given that you've just utterly abandoned the 'legality' argument, have you acknowledged that unilateral secession isn't legal?
Why not divide the country into the liberal states and the conservative states, split the national assets and debts evenly and then see which system worked best. The blue states would all look like Detroit and the red would be rich and successful.
Because there are more than 2 perspectives.
Nor would we leave US citizens to have either their property or rights stripped from them in a 'conservative' state that dreams itself its own country. As you know the stripping of constitutional protections would be one of the first things that conservatives states would do if unconfined by the US constitution.
pay attention. it doesn't matter if its legal or not.
Its certainly relevant to this conversation about legal arguments. And given your complete abandonment of a legal argument, it appears you've give us your answer on whether or not you believe a State can legally secede.
It obviously can't.
the seceding states would secede from the USA and its laws and constitution and form a new country with its own laws and constitution. The US could declare it "illegal" if it wanted to but it would be meaningless unless they were willing to go to war over it.
Any law is meaningless if it isn't enforced. However, the US has a history of enforcing its territorial claims in response to secession. As this would be US territory that the State were trying to claim for itself.
And it has a history of putting down rebellions and insurrections. Which this would be.
Constitutional rights would be established by the new country and its new constitution.
Our citiens are entitled to protections from the Constitution. Not merely 'a' constitution. If you seek to deny them property or their constitutional rights, the US would have an interest in protecting both. So there would be even more incentive for the US government to intercede in any secession attempts.
Where your thinking goes wrong is when you assume that the US constitution is valid in any country other than the US.
If a state had the authority to unilaterally secede and become its own nation at will, your argument might have merit.
But it doesn't.
So we're speaking of the protection of US citizens, their property, and their rights on US territory. As all of any State is. Remember, each state has two sovereigns, each with concurrent jurisdiction: the State and the Federal government. You'd need the authorization from both sovereigns for any territory to change hands. And in a unilateral 'secession', you'd have the authority of only one.
Did the Ukraine and the other former members of the USSR get permission from Moscow to leave the USSR ?
This whole debate is foolish. Legality has nothing to do with it. The constitution has nothing to do with it.
The USSR dissolved. The United States is still here.
For now it is. the exact same thing could happen here. thats my only point. The legality discussion is moot.