‘THERE IS NO RIGHT TO SECEDE’: JUSTICE SCALIA

[Danno 1,228]

‘THERE IS NO RIGHT TO SECEDE’: SEE THE ALLEGED LETTER WHERE JUSTICE SCALIA SHOOTS DOWN IDEA OF LEAVING THE UNION.

Last night, TheBlaze reported that residents of 27 states had filed petitions with the White House to be allowed to secede from the union. As of today, that number has swelled to 47.

But could it actually happen? Do states even have a right to secede anymore? The answer, according to arguably the most respected conservative Justice of the United States Supreme Court, is an unequivocal “no.”

Over at New York Personal Injury Attorney Blog, author Eric Turkewitz recounts an interesting story of how his brother, a screenwriter, managed to apparently coax an answer out of Scalia on precisely this topic:

Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.[...]

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O’Connor) with this request:

I’m a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue. My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I’m sure you’ll find the story very entertaining.

I told Dan he was nuts. I told him his letter would be placed in the circular file. And then Scalia wrote back. Personally.

And what did Justice Scalia say? Pretty much that not only could Maine not secede (ironically enough, Maine is one of the three states that has no secession petition on the White House website), but the question is so firmly settled that it could not even get a hearing before the Supreme Court, because the United States government would refuse to entertain it:

I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”) Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.

I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay.

An alleged photo of Scalia’s letter outlining this position follows, courtesy of Mr. Turkewitz’s blog:

So there you have it. No right to secede exists, and residents of those 47 states are just blowing smoke. Nevertheless, it says something that the topic seems to come up every time a polarizing president is reelected.

[Bad_Daddy 2,209]

This country needs a big time revolution. It was a revolution that made this country, and it's going to take another one to set it right again.

[Dakine10 5,452]

This country needs a big time revolution. It was a revolution that made this country, and it's going to take another one to set it right again.

Are you ready to rise up? You can barely rise up off the couch. I don't see it happening.

Edited November 13, 2012 by Dakine10

[Penny Lane 8,159]

Let's be real. Not a single person is gonna do anything but sit around and complain. Like they're doing now.

[Dakine10 5,452]

‘THERE IS NO RIGHT TO SECEDE’: SEE THE ALLEGED LETTER WHERE JUSTICE SCALIA SHOOTS DOWN IDEA OF LEAVING THE UNION.

There has never been a right to unilateral secession. I would think all you "constitutional scholars" would know that already.

[^_^ 5,021]

In all seriousness, we should have a constitutional provision for a state leaving the union. To imply that the only way out is through another war is madness.

[Dakine10 5,452]

[quote name=' timestamp='1352836848' post='5819828]

In all seriousness, we should have a constitutional provision for a state leaving the union. To imply that the only way out is through another war is madness.

The state(s) and federal government can mutually agree on secession.

[Penny Lane 8,159]

What an embarrassing meltdown this is. Hilarious, but embarrassing.

[elmcitymaven 9,711]

[quote name=' timestamp='1352836848' post='5819828]

In all seriousness, we should have a constitutional provision for a state leaving the union. To imply that the only way out is through another war is madness.

Yeah, but watching a ragtag band of scrappy outsiders attempt to defeat the awesome power of the US Military sounds like something the whole family can enjoy. Like "The Apple Dumpling Gang" meets "Butch Cassidy" meets "Gone With the Wind" meets "Independence Day."

[^_^ 5,021]

The state(s) and federal government can mutually agree on secession.

So you're saying petitioning the white house was precisely the correct first step?

Too bad Perry isn't on board.

Yeah, but watching a ragtag band of scrappy outsiders attempt to defeat the awesome power of the US Military sounds like something the whole family can enjoy. Like "The Apple Dumpling Gang" meets "Butch Cassidy" meets "Gone With the Wind" meets "Independence Day."

Yeah, until they borrow a page out of the Palestinian handbook and start lobbing rockets into small towns in Connecticut...

Edited November 13, 2012 by ^_^

[elmcitymaven 9,711]

[quote name=' timestamp='1352837254' post='5819837]

Yeah, until they borrow a page out of the Palestinian handbook and start lobbing rockets into small towns in Connecticut...

Um, Connecticut will have already purchased defenses for this. We got the money.

[^_^ 5,021]

Um, Connecticut will have already purchased defenses for this. We got the money.

Connecticut can do what Israel can't?

[elmcitymaven 9,711]

[quote name=' timestamp='1352837547' post='5819843]

Connecticut can do what Israel can't?

Of course.

[^_^ 5,021]

Of course.

doh!

[JohnR! 5,495]

So there you have it. No right to secede exists, and residents of those 47 states are just blowing smoke. Nevertheless, it says something that the topic seems to come up every time a polarizing president is reelected.

IMHO the residents of any state, wishing to leave the union would have to vote first, before for such a secession. Perhaps have it voted as a constitutional amendment, or any other legal means to set the process in motion, even before legal appeals can be filed, thus warranting that a ruling by the SCOTUS be made.

Until then, a petition in cyberspace has little gravitas. One can't know who posted it, nor who signed it.

In theory, there is something romantic about the notion of secession and for many, it evokes airs of bravery, valor and virtues, hand fed to them via the airwaves and popular tales. In practicality however, the union is far stronger the the sum of all states and not one single state might survive on its own out there in the real world.

Having said that, if one feels strongly about secession it would behoove one to take matters in one's own hands and buy a one-way ticket to another country, more suitable to one's lifestyle.