1. Brian Thomas

    Brian Thomas New Member

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    Question about government

    Discussion in 'Research' started by Brian Thomas, Dec 18, 2018.

    I've tried to look up stuff about whether or not a state can secede from the United States.
    There are a lot of people who say yes and alot that say no but I want to write a story that would follow a situation where a state secede, any ideas on this.
     
  2. X Equestris

    X Equestris Contributor Contributor

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    The current judicial precedent, as stated in Texas v. White, is that states can't unilaterally secede from the Union. Basically, the union was described as perpetual in the Articles of Confederation, and since this wasn't explicitly changed by the adoption of the current Constitution it remains in effect.

    It's noted that it might be possible for a state to legally secede with the consent of the other states through Congress, but SCOTUS never provided guidelines or anything.

    However, at the end of the day, the law might not matter at all; if people are willing to secede, they're probably willing to fight too. Secession is the sort of matter likely to be decided by force of arms.
     
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  3. exweedfarmer

    exweedfarmer Banned Contributor

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    Yes, but only Texas. They got that in their deal before they joined the union. Read the constitution. It's only takes about half an hour including the twenty seven amendments. The argument over secession has been raging since before the civil war and goes on.
     
  4. Norfolk nChance

    Norfolk nChance Banned

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    am sure it'll be a quicker process to do than Brexit...!
     
  5. Matt E

    Matt E Ruler of the planet Omicron Persei 8 Contributor

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    The Catalan independence movement is a good modern case study in what might happen if a state, province, etc. tried to leave its parent country peacefully. If a state genuinely tried to secede from the US today, barring violent circumstances like seen during the civil war, then we would probably see a political crisis. The state's supreme court would rule it constitutional. The federal supreme court would rule it unconstitutional. The President would issue a statement against the action. The governor would issue statements in favor. Protests would occur in the streets. The national guard would be called up. There'd probably be a stand-off, and maybe some tear gas. But it wouldn't be a war. At the end, either the federal government would back down and the state would be allowed to secede, or more likely, the politicians involved in the secession would be marched out of office and replaced with interim appointees, until special elections could be called. Then everything would shakily go back to normal. The masterminds would either be politically disgraced or in prison. Unless the state was allowed to secede, then it would become its own little country, and politicians would bicker for years over what trade agreements to make.
     
  6. Iain Aschendale

    Iain Aschendale Potatoes again? Supporter Contributor

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    That's not actually true about Texas either. They can break themselves up into five separate states, but all of those states are still in the union.

    From the same article, a quote by the late Antonin Scalia:

     

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