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CSB · 11-14-2012, 21:32

Can a state secede from the Union?

The short answer is:

No. We settled that at Appomattox.

My sons asked me about that in connection with a school assignment.

And the fact is: Nowhere in the Constitution will you find a provision for secession.

Our founding fathers provided "the finest document ever struck off at one time by the mind of man."

It provides for the formation of the Union.

It provides for the addition of a state from a territory. (like Arizona, or Hawaii).

It provides for the addition of a state from another republic asking to join. (like Texas).

It even provides for the formation of a state by spliting one state into two states. (like Virginia and West Virginia).

But nowhere in the Constitution are there any provisions for secession.
It is obvious that our founding fathers did not feel that joining the Union was revocable, or they would have provided for it in the Constitution.

Think it through.

If secession were to be allowed, there should be a provision for it in the Constitution, perhaps on the order of:

"Any state seeking to remove itself from the Union may make application to the Congress of the United States, by legislation approved by [majority] [2/3][3/4] of the legislature of said state, and signed by the Governor thereof.; or by a referendum of the voters of said state, when passed by a [majority][2/3][3/4] of the state. Whereupon the Congress of the United States, [House][Senate][both] shall take the yeas and nays, and a vote of [majority][2/3][3/4] shall be sufficient to remove said state from membership in the Union."

The fact that the Constitution is totally silent on the process of secession tells me that the framers of our Constitution considered entry into the Union to be a one way street.

11-14-2012, 21:32	#80
CSB Quiet Professional Join Date: Feb 2004 Location: Clarksville, TN Posts: 1,164	One lawyers opinion ... Can a state secede from the Union? The short answer is: No. We settled that at Appomattox. My sons asked me about that in connection with a school assignment. And the fact is: Nowhere in the Constitution will you find a provision for secession. Our founding fathers provided "the finest document ever struck off at one time by the mind of man." It provides for the formation of the Union. It provides for the addition of a state from a territory. (like Arizona, or Hawaii). It provides for the addition of a state from another republic asking to join. (like Texas). It even provides for the formation of a state by spliting one state into two states. (like Virginia and West Virginia). But nowhere in the Constitution are there any provisions for secession. It is obvious that our founding fathers did not feel that joining the Union was revocable, or they would have provided for it in the Constitution. Think it through. If secession were to be allowed, there should be a provision for it in the Constitution, perhaps on the order of: "Any state seeking to remove itself from the Union may make application to the Congress of the United States, by legislation approved by [majority] [2/3][3/4] of the legislature of said state, and signed by the Governor thereof.; or by a referendum of the voters of said state, when passed by a [majority][2/3][3/4] of the state. Whereupon the Congress of the United States, [House][Senate][both] shall take the yeas and nays, and a vote of [majority][2/3][3/4] shall be sufficient to remove said state from membership in the Union." The fact that the Constitution is totally silent on the process of secession tells me that the framers of our Constitution considered entry into the Union to be a one way street.
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