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i cant find the definition for LEGALITY OF SECESSION and WHICH BORDER STATES STAYED/LEFT

Thanks so much!!

2007-03-27 13:00:01 · 3 answers · asked by fombellgirl 2 in Education & Reference Homework Help

yes i tried looking it up im not lazy i just need help

2007-03-27 13:15:50 · update #1

3 answers

Your "definition" is actually an 'opinion' or an 'argument for or against', secesision. J/S

Noun
secession - The act of seceding, especially the withdrawal of 11 Southern states from the Union in 1860–1861, precipitating the U.S. civil war.
http://en.wiktionary.org/wiki/Secession

The Argument for a Right of Unilateral Secession: A Pact Among the States:
The U.S. Constitution does not expressly recognize or deny a right of secession. Accordingly, the argument for a right of unilateral secession begins (and pretty much ends) with a claim about the very nature of the Constitution.

The Arguments Against a Right of Unilateral Secession:
Most of the arguments against a right of unilateral secession can be found in President Abraham Lincoln's First Inaugural Address of March 1861. But as University of Texas Law Professor Sanford Levinson observes in a recent article in the Tulsa Law Review (and in condensed form in an April 2003 column on this site), Lincoln's case against a unilateral right of secession is hardly airtight.
First, Lincoln asserted that the fundamental law in every national government rejects the idea of its own termination. And indeed, as of 1861, no national constitutions expressly provided for their own dissolution. But this argument does not respond to the secessionists' claim that the U.S. Constitution's Article VII impliedly provided for the possibility of dissolution.

Second, Lincoln denied that the Union was a mere voluntary association--and claimed that even if it were, ordinary principles of contract law would bar unilateral secession. Lincoln noted that while one party can breach a contract, the consent of all parties is required to rescind a contract. But secessionists analogized the Constitution to a treaty, not a contract--on the ground that each state was more like a sovereign nation than a human being. And under treaty law, unilateral rescission is permissible.

Third, Lincoln claimed that the Union was older than the Constitution. In his view, it dated as far back as the Articles of Association of 1774, when the signatory parties were all colonies of England. Lincoln's claim, however, does not respond to the secessionist argument rooted in Article VII; on the secessionists' view, the Constitution implicitly affirmed a right to secede from the Union, regardless of the pre-Constitution character of the Union.

Can Secession Only Be Approved by a Constitutional Amendment?
Once we acknowledge the ad hoc character of any mechanism by which Congress would approve secession petitions, we must confront a deeper conceptual problem: Congress only has the powers enumerated in the Constitution. Yet as we saw in our discussion of unilateral secession, despite granting Congress the power to admit new states, the Constitution says nothing about secession. And under the Tenth Amendment, silence in such matters means there is no federal power: Powers not enumerated "are reserved to the states respectively, or to the people."
http://writ.lp.findlaw.com/dorf/20041124.html

The Confederate States of America
State Seceded
from Union Readmitted
to Union
1. South Carolina Dec. 20, 1860 July 9, 1868
2. Mississippi Jan. 9, 1861 Feb. 23, 1870
3. Florida Jan. 10, 1861 June 25, 1868
4. Alabama Jan. 11, 1861 July 13, 1868
5. Georgia Jan. 19, 1861 July 15, 18702
6. Louisiana Jan. 26, 1861 July 9, 1868
7. Texas March 2, 1861 March 30, 1870
8. Virginia April 17, 1861 Jan. 26, 1870
9. Arkansas May 6, 1861 June 22, 1868
10. North Carolina May 20, 1861 July 4, 1868
11. Tennessee June 8, 1861 July 24, 1866
http://www.infoplease.com/ipa/A0194016.html

2007-03-27 13:26:24 · answer #1 · answered by Joe Schmo from Kokomo 6 · 0 0

secession means to take away from.... like the 13 states did when they left the union. have you tried looking it up???

2007-03-27 13:10:17 · answer #2 · answered by Mic 2 · 0 1

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2016-11-23 20:14:24 · answer #3 · answered by ? 4 · 0 0

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