User Tag List

Page 1 of 2 12 LastLast
Results 1 to 10 of 16
  1. #1
    LiamKerrington's Avatar
    Blogger from the 9th Floor of the Tower

    Status
    Offline
    Join Date
    Jul 2012
    Location
    Lower Saxony
    Posts
    2,468
    Blog Entries
    4
    Achievements:
    BloggerBug Hunter First ClassHigh Level WikiWA PointsTagger First ClassExtreme Love50000 Experience PointsVeteran
    Blog Entries
    4

    A matter of theory about the US constitution ...

    Hello.

    Today a friend and I discussed the situation of the European Union. The EU exists based on a series of international treaties. These treaties define how different countries may apply for EU-membership; and based on those treatieses there are different procedures and regulations about how new members join the EU.
    It is quite interesting to see that the EU-treatieses don't provide any regulations for a) how memberstates may leave the EU or b) how the EU can expulse members.

    During this conversation we wondered: What is the situation with the US? Does the constitution or any other regulation within the US provide procedures or regulations for states of the US to leave or get expulsed from the US again?

    This is only a very theoretical thought. I don't think there is any need for any US-state to leave the US; and I don't want to encourage any such thought. This is only for me to know if there are certain rules or not ...

    Thank you in advance. All the best!
    Liam
    Likes Witch_Doctor liked this post
    Zombie Story:
    - raises the acceptance of killing humans in huge numbers,
    - reveals everything bad and and even worse about human behaviour and psychology,
    - is fun.

  2. #2
    Witch_Doctor's Avatar
    Mofo with the Mojo

    Status
    Offline
    Join Date
    Mar 2012
    Location
    Mysterical Island, Va.
    Posts
    2,069
    Achievements:
    WA PointsExtreme Love50000 Experience PointsVeteranPro Level Wiki Editor

    Good question. The Constitution does not address secession of any State from the Union. States can only join with the consent from congress. There was an court case heard by the US Supreme Court called Texas vs White were the court determined that once Texas first entered the Union then it entered an indivisible union. The decision meant that states can not unilaterally leave on their own.

    Sooner or later someone from Texas will respond that Texas has some sort of secession clause but this is a myth.
    Likes LiamKerrington liked this post
    Call Sign: Jive Turkey
    Ladies and Gentlemen, straight from Mysterical Island, it's the Shaman of Schiznick, the Mofo with the Mojo, the Mad Scientist of the Jungle, the Doctor is in!
    Doctor? Doctor who?
    NO! Witch Doctor, fool!

  3. #3
    LiamKerrington's Avatar
    Blogger from the 9th Floor of the Tower

    Status
    Offline
    Join Date
    Jul 2012
    Location
    Lower Saxony
    Posts
    2,468
    Blog Entries
    4
    Achievements:
    BloggerBug Hunter First ClassHigh Level WikiWA PointsTagger First ClassExtreme Love50000 Experience PointsVeteran
    Blog Entries
    4

    Thank you for providing me the information. I will try to get hold of this specific decision.

    Best wishes!
    Liam
    Zombie Story:
    - raises the acceptance of killing humans in huge numbers,
    - reveals everything bad and and even worse about human behaviour and psychology,
    - is fun.

  4. #4
    Cabbage Patch's Avatar
    "Body Removal Team"

    Status
    Offline
    Join Date
    Jun 2011
    Location
    Sacramento, California
    Posts
    968
    Achievements:
    Bug Hunter First ClassPro Level Wiki EditorWA PointsTagger First Class25000 Experience PointsLOVED TO DEATHVeteran
    Liam, the big test of the right of American states to secede from the country was our Civil War. 16 states asserted their right to leave the United States and form their own country. They were forced to rejoin, at great cost and enormous loss of life, and the "right of departure" has been a dead issue ever since.
    Likes LiamKerrington liked this post

  5. #5
    HardKor's Avatar
    Riley's Drinking Buddy

    Status
    Offline
    Join Date
    Mar 2011
    Location
    Southern, IL
    Posts
    567
    Achievements:
    Wiki Amateur10000 Experience PointsVeteranBeloved

    Gamertag: HarKor1283
    Quote Originally Posted by Cabbage Patch View Post
    Liam, the big test of the right of American states to secede from the country was our Civil War. 16 states asserted their right to leave the United States and form their own country. They were forced to rejoin, at great cost and enormous loss of life, and the "right of departure" has been a dead issue ever since.
    Although the Civil War did provide an interesting legal snarl on the issue of secession. Basically the rebellious states were placed under military governors after the war and "readmitted" only after they met certain guidelines such as writing new state constitutions that abolished slavery, passing the 13th (abolition of slavery) 14th (citizenship for former slaves, repudiation of Confederate debt, and ineligibility of Confederate officials to hold public office) and 15th (voting rights for former slaves) Amendments, and electing new, Congressionally approved state governments. So basically Congress gave the southern states recognition that they had seceded by forcing them to apply for readmission, but Cabbage Patch is right that since then the idea of a state seceding has been considered a dead issue to all but the most fringe elements in American politics. Although every now and then those fringe elements pop up demanding secession for they're state. (Texas, South Carolina, and Alaska seem to make the most noise but secessionists groups exist in pretty much every state.
    There are actually regulations for one part of a state seceding from the rest and forming a new state though. It requires the legislature of the state to vote in favor of the split and for Congress to approve the new state. It's only been done once with West Virginia splitting from Virgina, once again during the Civil War.
    "There a many ways to kill a zombie, but I find the most satisfying way is to stab it in the brain with a wooden stick." Dwight K. Schrute

  6. #6
    LiamKerrington's Avatar
    Blogger from the 9th Floor of the Tower

    Status
    Offline
    Join Date
    Jul 2012
    Location
    Lower Saxony
    Posts
    2,468
    Blog Entries
    4
    Achievements:
    BloggerBug Hunter First ClassHigh Level WikiWA PointsTagger First ClassExtreme Love50000 Experience PointsVeteran
    Blog Entries
    4

    Well, thank you. THen I will have to do some 'research' on history and will do some reading about the secession wars of the US ...

    Best wishes!
    Liam
    Zombie Story:
    - raises the acceptance of killing humans in huge numbers,
    - reveals everything bad and and even worse about human behaviour and psychology,
    - is fun.

  7. #7
    Witch_Doctor's Avatar
    Mofo with the Mojo

    Status
    Offline
    Join Date
    Mar 2012
    Location
    Mysterical Island, Va.
    Posts
    2,069
    Achievements:
    WA PointsExtreme Love50000 Experience PointsVeteranPro Level Wiki Editor

    Quote Originally Posted by HardKor View Post
    So basically Congress gave the southern states recognition that they had seceded by forcing them to apply for readmission
    This is a very interesting observation! Considering that the issue is not addressed in the Constitution, apparently Congress at the time believed that the Southern States seceded.
    Likes Cabbage Patch liked this post
    Call Sign: Jive Turkey
    Ladies and Gentlemen, straight from Mysterical Island, it's the Shaman of Schiznick, the Mofo with the Mojo, the Mad Scientist of the Jungle, the Doctor is in!
    Doctor? Doctor who?
    NO! Witch Doctor, fool!

  8. #8
    Osiris's Avatar
    Ostentatious Legume

    Status
    Offline
    Join Date
    May 2011
    Location
    Moderating your face
    Posts
    4,113
    Blog Entries
    16
    Achievements:
    BloggerBug Hunter First ClassWiki AmateurWA PointsTagger Second ClassExtreme Love50000 Experience PointsVeteranOverdrive
    Blog Entries
    16

    What the hell is an America anyway?
    Likes HardKor, Cabbage Patch liked this post
    joint-point-counter-joint

  9. #9
    Cabbage Patch's Avatar
    "Body Removal Team"

    Status
    Offline
    Join Date
    Jun 2011
    Location
    Sacramento, California
    Posts
    968
    Achievements:
    Bug Hunter First ClassPro Level Wiki EditorWA PointsTagger First Class25000 Experience PointsLOVED TO DEATHVeteran
    Quote Originally Posted by Osiris View Post
    What the hell is an America anyway?
    In this context "America" is that area immediately beyond your southern border. I think you Canadians refer to it as "Northern Mexico".

  10. #10
    Osiris's Avatar
    Ostentatious Legume

    Status
    Offline
    Join Date
    May 2011
    Location
    Moderating your face
    Posts
    4,113
    Blog Entries
    16
    Achievements:
    BloggerBug Hunter First ClassWiki AmateurWA PointsTagger Second ClassExtreme Love50000 Experience PointsVeteranOverdrive
    Blog Entries
    16

    Yes. We do.
    joint-point-counter-joint


 
Page 1 of 2 12 LastLast

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •