Article 1, Section 10 of the US Constitution states: "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
However, in my opinion, the Constitution says nothing about a state leaving the Union to become an independent nation. (Then it could enter into treaties or a different confederation - the South's argument in the Civil War.)
Is this possible? Would it be up to the state legislature or would Congress have to approve? Would such an act trigger a domino effect that could lead to 50 independent nations?
I'm just looking for opinions and ideas on this. I don't expect actual answers to the question from someone who isn't a Federal judge or a Constitutional lawyer (and even then, it would still be an opinion)
2006-07-17 05:33:22 · 8 answers · asked by chris_qu2000 2 in Politics & Government ➔ Government
Technically, some states can. After the Civil War, part of the deal to accept the confederate states was that they had to make it part of their constitution that they could not seceed. Other states may have included the same, especially after the Civil War.
2006-07-17 05:37:56 · answer #1 · answered by John J 6 · 1⤊ 0⤋
Yes. But only through Constitutional amendment, which can either be proposed by Congress or a constitutional convention and then ratified by the States. Although the Constitution does not say that a state may not secede on its own, the Civil War answered this question in the negative. It's surprises that none of the Civil War amendments addressed the issue of seceding from the Union considering that secession was the cause of the War.
2006-07-17 12:40:36 · answer #2 · answered by The Man 4 · 0⤊ 0⤋
Well, it seems like the Constitution is clear enough, I think according to it, states certainly can secede.
The thing is, there's a big difference between "can legally secede" and "can legally secede, according to the Constitution". I have no real opinion as to whether or not that's fair, it's just how it is - I doubt a state could get away with it these days.
Edit: John J's comment is interesting; I didn't know that.
2006-07-17 12:38:35 · answer #3 · answered by nobody 3 · 0⤊ 0⤋
Only if they are strong enough to do it. Andrew Jackson made it legal to use force to maintain the union and the Civil War put it to the challenge so the US has the right to keep the union intact by anymeans nescessary.
2006-07-17 12:57:55 · answer #4 · answered by JFra472449 6 · 0⤊ 0⤋
No! Of course not! Do you think this is a FREE country or something? Our rights are selected to make us feel like we're free. And to an extent, we are MUCH freer than most other countries in the world. I would definitely not want to live in many other places, but we are not as free as we claim to be.
2006-07-17 12:36:28 · answer #5 · answered by snodrift777 3 · 0⤊ 0⤋
Hey if you ain't happy here go to the border and sneak in to Mexico. Maybe you could find a job that Mexicans don't want to do
2006-07-17 12:46:01 · answer #6 · answered by Anonymous · 0⤊ 1⤋
The only state that I know that can do that is Texas, it's in their constitution, and they consider themselves a republic.....as I understand.....
2006-07-17 21:32:38 · answer #7 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
The South didn't do so good trying it, did they?
2006-07-17 12:36:42 · answer #8 · answered by Wounded duckmate 6 · 0⤊ 0⤋