Do states have the right to secede from the Union?

Question

The question is simply whether or not states have the constitutional right to secede from the Union. This question is based on the idea that Lincoln never accepted the secession of the Southern states during the Civil War, but did he have any choice? Does any part of the Constitution stipulate that individual states are capable of leaving the Union?

Answer 1

From a strict Constitutional standpoint, the power of secession is reserved to the states by the 10th Amendment.

Answer 2

No.Nothing in the US Constitution makes any provision for secession; and further, nothing in the debates during the Constitutional Convention implied that that power lay with the states after ratification, either explicitly or implicitly.

There have been arguments, and they continue to this day that because there was nothing prohibiting secession in the language of the Constitution, it could not be illegal. and the language of the 10th amendment providing that "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", meant that the States had the power to secede. But that begs the question .

I take it the question is theoretical at best. It was the Southern states' argument that they had an inherent right because of the nature of sovereignty, they had the right to secede.. Well, a bloody civil war answered that claim, and no one seriously has raised the issue since.

YOu can read an argument for the Southern position at this website, just to get a feeling for the way the South felt at the beginning of their secession debates>

The Right of Secession

by Gene H. Kizer, Jr.

http://www.bonniebluepublishing.com/The%20Right%20of%20Secession-FULL%20PAGE%20FORMAT.htm.

Answer 3

There is no provision to stop a state from doing so. In the 1960's the Black Muslims wanted 5 southern states set aside so African Americans could form their own independent country. I think America learned its lessons from the Civil War. Also, Texas was an independent Republic from 1836-1845, but couldn't defend itself because of threats from Mexico, plus Texas had a staggering debt. Hawaii was also under a royal monarchy before becoming a US commonwealth then state. If a state tried to secede they would be subjected to blockades, boycotts & a cutoff of federal funding on all programs. It would collapse & fail in short order.

Answer 4

That whenever any Form of Government becomes destructive of these Ends, it is in the Right of the People to alter or abolish it, and to institute a 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.

No right to secede, but a right to change.

Answer 5

Before the Civil War of 1863..where the Union got their but whope.

Answer 6

I know that Texas can... I can't remember why, but every once in a while, some buffoon pushes for it. I just remember studying about it in high school... 30 years ago.

I live in Texas now, but if they ever did secede, I'd move back to the U.S. in a heartbeat.

Answer 7

NO. Besides it is a bad idea. Eastern Europe is divided into many small countries and are a natural target .