Scalia: States have "no right to secede"

 Think Texas can secede from the union?

Gov. Rick Perry has said yes. Various critics insist it's not possible. A poll last year showed Texans split.

Recently, a group of legal bloggers began debating the issue. Eric Turkewitz was able to offer a high-profile source to back him up: Supreme Court Justice Antonin Scalia.

Turkewitz, a personal injury lawyer in New York, described the story of how his brother, Dan, a screenwriter, was working on a movie script in 2006 about Maine seceding and becoming a part of Canada.

Dan Turkewitz wanted the legal arguments that came up in the script to sound authentic so he wrote all of the Supreme Court Justices and asked their thoughts on the issue.

Amazingly, Scalia wrote back. In the letter, (posted on Eric Turkewitz's blog), Scalia wrote that the answer is clear: States can't secede.

"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.')"

At the end of the letter, Scalia wrote, "I am sure that poetic license can overcome all that -- but you do not need legal advice for that. Good luck with your screenplay."

-Aman Batheja

Comments

[Foghorn]

Judges are smarter (?) than politicians. Their job is for life. Politicians: Term Limits -- Make It Happen

[Jim Riley]

The 'Pledge of Allegiance' cited by Justice Scalia as proof can be changed.

For example, the words 'under God' could be interposed between 'one nation' and 'indivisible', which would then mean that it was the intent of Congress that secession be possible if the United States fails to recognize God as the supreme authority.

[Rusty Bowden]

It has always been my understanding that Texas alone has the right to secede, since it is the only state that joined the union by treaty.

[Mitchell]

If Justice Scalia is correct in his interpretation then the United States must immediately rejoin the United Kingdom. History lesson: The United States was at one time nothing more than colonies who banded together in order to defeat a common enemy -- the British Empire. The colonies seceded from the British Empire, forming the united States of America. Each State retaining their sovereignty, save for 17 enumerated powers delegated to the federal government.

Texas, likewise, was once a state of Mexico. Yet Texas successfully seceded from Mexico.

These are two very close, very historical examples of a peoples right to secede. In fact, the American Declaration of Independence even states that "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute 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."

If Scalia is correct then Texas must return to union with Mexico and the United States must return to union with the United Kingdom, for neither of these bodies had the right to secede. And yet historical evidence, logic, reason and justice all declare that a people have the right to severe the political and economic bonds with their current government when they no longer have faith that it is acting in their best interest.

The only thing the so-called Civil War proved was that the North had more guns and soldiers than the South and simply beat them back into submission. The United States assumed the role of the British Empire and the Mexico -- that of aggressor and enemy of liberty.

[TickedOFF]

If Scalia is correct, that means full-on civil war within the states may be the only way forward. Yeah, that's a better alternative than a peaceful divorce.

[bobby harris]

well here is what i am going to say friends yes states can secede and i am calling this, becauses its time to stand up and fight back even if it means another civil war but much much bigger then 1861 when it started, so be it i think we deserve to have our freedom back and the rights for which was taken from us the union are the enemies to the american people and i think we can call it united america or united confederate states of america our own country not thiers no more union in this country i do not care what about says that states have no right to secede from the union, oh yes we do have the the rights. they dont want us to have nothing. we will fight back so be it, this time we will win the union thinks it won in 1865 when lee surrendered well maybe so but not this time, we can get more and more men and can defeat the union. i feel a bit of courage to lead the secession from the union as our ancestors did for us. now its up to us to make up for the loss. i feel that if we can have a meeting someplace gather everyone who wants to secede from the union we can do it, and the sooner the better the union thinks it can do whatever it wants to americans they are wrong 100%wrong. i dont see how the union is gonna be able to do anything now. the states will soon start seceding and there is no turning back. rick perry is right states have the rights no one can take those rights from us so dont be afraid of them,tell me what you think