Article I, section 10, and secession

I don't see any such language. Do you?

Ah, I see. Yeah, it would be interesting.

 

Unfortunately, no. I don't. But perhaps we should make some amendments...

 

No amendment necessary. We can just interpret it...

 

Any jurisdiction the size of California which wants to secede must be allowed to. To prevent it from doing so is tyranny.

The constitution is irrelevant in this respect, the constitution protects pre-existing rights, it does not invent them. If the constitution does not permit secession then the state in question is justified in using whatever force necessary to depart from the union.

 

Agreed.

However, they have to deal with those who have the lust to dominate their fellow man. Evil people, like Lincoln.

 

Sweet. Off to court we go. Now, if only you could make it specific congressional districts.....I jest of course. But it is fun to wrap myself in the mantle of liberal intolerance every once in a while... LOL

 

We just need to bow to our 9 overlords.

One wonders why the founders even bothered to write down the rules.

 

Now that was just uncalled for.... Leave those poor FANG folks alone....

 

They are living in their own reality

 

But it has no mechanism allowing one to leave, either, that was the original issue before the Civil War however an action by Congress could be enough but the leaving the union would be up to the Federal Government at some level. I would support this if they pay off their 'share' of the national debt that's $150k per resident in their State ate the time of the vote employed, housed or homeless rich or poor and frankly buy all the Federal Lands and holdings. Its a lot of money. And I would want it up front before allowing them to go at all to be fair. Make leaving very hard.

 

Hopefully not like Trump.

 

None of these prohibitions apply to a state that is not part of the union; once a state leaves, the prohibitions cease to apply.
Nothing in the section prohibits secession.

 

Irrelevant.

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.

For the Constitution to prohibit secession, it must explicitly deny that power to the states, as it does an number of other powers.

 

This is obvious to anyone who can read and doesn't have the lust to dominate one's fellow man.

 

I would say after 664,000 deaths during the American Civil War the verdict is...states can't secede from the Union.

In the beginning the Union was just trying to recover federal property from the Southern states.

Until the South could reimburse the Union for military forts, weapons taken from federal armories and also U.S. Post Offices all were still U.S. federal property.

President Lincoln didn't order the invasion of the South until he was informed that the federal government couldn't pay its bills without the tax revenues that came from the Southern states. Most of the federal tax revenues that kept the federal tax coffers full came from the South.

This is when the war for the Union became about preserving the Union.

What is no longer taught in our schools today, before 1865 Americans held their loyalty to the sovereign states they lived in not to the federal government.

States would loose most of their states right because of the American Civil War. States on both sides were the real losers.

 

I wonder if it agrees with Dred Scott.

 

Well they could do an Amendment allowing States to move to Territories and then leave the Union, it wouldn't be impossible, but the mechanism needs to be sure all obligations are met to the Federal government and they should be barred from coming back in for a good amount of time say 75 years. That would be the only way I think this could work. And of course it wouldn't be easy to get there but it shouldn't be easy.

 

Any state can leave the union. There's no language that says a state may not leave.

 

Yes lets see they can vote its peaceful, then the state could try but the lawfulness would be in the end up to the FEDERAL COURTS and they will decide this. Good Luck. That's how this would happen in the real world they vote, the Federal Government would sue likely asking the Supreme Court to hear the case on the grounds of national security and stability and they would say yes or no. Its not going to be that simple.

 

I'm not sure Congress would be completely against CA leaving,especially if the State was divided so that the Contiguous Counties that wished to remain in the Union were welcome to form new States and remain.

 

That was along the lines I was heading. In stating the SCOTUS is always correct in a blatant Appeal to Authority Fallacy. The fact is that the Supreme Court is just another political entity with vested interests in the decisions they make.

Not to mention that the function of the SCOTUS is completely different that was intended. as they usurped power in the 1803 decision of Marbury v. Madison.

 

I'm 100% for dividing California into two states.

One state for the progressives, socialist, illegal aliens, criminals, sanctuary cities, free stuff, business unfriendly with little personal freedoms.

And the "New California" for Americans, conservatives, deplorables, law abiding citizens, gun owners and American's who hold down real jobs, and pay taxes.

 

That works. New California remains, California succeeds or is expelled. Best part, CA would no longer be a border State with Mexico.

 

But the "New California" would have a border with Mexico with a huge Trump Wall to keep criminals, gang bangers, drugs, diseases, terrorist, wannabe undocumented Democrats out.

 

Supreme Court interprets constitution and ruled on this matter over century ago, saying that a state cannot leave.
As for where to look for prohibition to leave, I’d look into documents that formed the union, not constitution. Declaration of Independence talks about perfect union, which justices interpreted as unbreakable. I’d also look into documents related to acquisition of lands that became states by the federal government - if there are no expiration dates or timelines then the area cannot leave. Also, look for agreements between federal government and native Americans. I have a strong feeling that you won’t find clauses in those contracts that foresee transfer of that land.