While many have debated the necessity of a formal Amendment to the Constitution that actually bars state cessation, many have overlooked the Articles of Confederation, a document that pre-dates the Constitution. As it stands, the Articles of Confederations addresses this very issue. Historically speaking, in the 1860’s, Supreme Court Justice Joseph Story successfully laid this argument to rest, pointing out that “the term perpetual, found in the Articles of the Confederation, deemed the Union indissoluble” (McClanahan, 2012).
Furthermore, one of Justice Story’s esteemed colleagues, Supreme Court Justice Salmon P. Chase weighed in on the subject, in 1869, of state cessation from the union when speaking in regards to Texas statehood: “When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union and all the guarantees of republican government in the Union attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States” (Wile, R., 2012).
Lastly, in my academic opinion, the option to withdraw from the Union should not be allowed as it would be considered a treasonous act in violation of Article I Section 10 of the Constitution which states: “ No
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(n.d.). Is Secession Legal? Retrieved from http://www.theamericanconservative.com/articles/is-secession-legal/
Wile, R. (2012, November 14). Sorry White House Petitioners, There's No Way To Secede From The United States. Retrieved from
This research assignment goes through the idea of Texas seceding from the United States. The introduction goes through a thorough explanation of the history of Texas and the many difficult challenges the territory had to face in becoming a state. The first idea implemented is how many times Texas has seceded and the reasons for seceding. The next follows information on why Texas would be better off seceding from the United States and why it should have stayed as a Republic. In contrast, the similar idea develops advantages and disadvantages of having Texas seceded from the Union. As a result, it then transitions into another idea, is Texas better off with staying with the United States after all. In that slide it also talks about how the Texas
If the Federal Government could not pass laws to put in place the States, then the States will have the freedom to do as they like. Thus, the Articles proved to be ineffective to the lacked strong and steady leadership. Although, according to Rawlin Lowndes’ speech, “... inquire what alterations were necessary in the Confederation” (Doc H). Rawlin argues that instead of creating a new Constitution we should fix the problems of the Articles. However, finding success the same place it was lost seems to be impossible.
To evaluate Hamilton’s assessment of government under The Article of Confederation, we begin by asserting that “we agree.” There are 5 weaknesses that prove the Articles were: defective, fit, and precarious. The articles had to be altered to resolve these weaknesses with national supremacy in a system of federalism.
The United States became further united due to the continuous desire and procurement of new territories. In President James Polk’s 1845 Inaugural Address, he shared his opinion of the “danger to [the nation’s] safety and future peace” if Texas remained an independent
The meetings, drafting, and approval of the Articles of Confederation were timely, innovative, and challenging. The Articles of Confederation, as the first constitution of the U.S., tied the states together in a loose “perpetual union’’ (Sage, 2010). A proposal for a national confederation was introduced by Richard Henry Lee of Virginia in May 1776. Lee stated on that day, “That these United Colonies are, and of right ought to be, free and independent States” (Swindler, 1981). Richard Lee’s resolution focused on three national proposals: to declare the United Colonies independent from Great Britain, to seek foreign alliances for the evident and eventual war with Great Britain, and to establish a plan of confederation to officially unite
In fact, the federal government responded to the petition for Texan secession by declining the request (Peacefully grant, 2012, p. 1). The executive branch, established that the Union should remain united and that grievances should be handled through measures of the ballot, not running from the issues at hand (para. 3). In addition, they used this Abraham Lincoln quote to support their decision, “in contemplation of universal law and of the Constitution the Union of these States is perpetual." In the years that followed, more than 600,000 Americans died in a long and bloody civil war that vindicated the principle that the Constitution establishes a permanent union between the States. And shortly after the Civil War ended, the Supreme Court confirmed that "[t]he Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States" (Peacefully grant, 2012, para. 3). Next, a fundamental philosophy of Texan separatist is the idea of state rights. For example, Philips (2013) mentions that states like Texas can threaten the economy by romanticizing nullification of federal laws different from elected official’s ideas (para. 3). Accordingly, many scholars agree that nullification and secession is illegal (Rakove, 2014, p. 82). In the writings of Rakove et al., (2014) he explained that there is no mention of nullification, secession, or sovereignty in the constitution,
In the current situation of making a decision whether to ratify or not ratify the Constitution, the Constitution should not be ratified. Due to serious problems and issues that could arise, and the problems and issues experienced in the past under the British parliament, the Constitution should not be passed and the Articles of Confederation should be kept to keep a strong state government. Issues like being under complete under control, favoring the wealthy, and having no rights should be corrected.
The political theories of nullification and secession were by no means regarded lightly throughout American history. When comparing states’ rights to the federal law, deciphering which carries more precedence could quickly become a rather sticky situation. As a result, much speculation was raised as to whether or not these two concepts were constitutional. When analyzing various arguments made throughout the past, it is easy to see that nullification and secession were clearly not justified by the Constitution.
Federalism was an inevitable and paramount mechanism to creation the of the Union. Therefore, it is acceptable that its governing principles would define and refine a majority of the nation’s history. Shaping the government, laws, and politics of the current and future generations during the creation of the Constitution, federalism permanently altered the life of every American. Federalism and the Constitution were derived from a similar ideal: endurance of free society had to be preserved by a sense of unity that acted as a safeguard against prevalent dangers, advanced the common good while still maintaining responsiveness to the diversity of the nation (Wechsler, 1954). The Constitution established a central government that possessed the capacity to interpret its
Bell describes the hard times that she faced in her college because she was a black girl who studies in a lower class and at the same time she was not able to relate to people of other races and economic backgrounds. When Bell attends a women’s college filled with upper -class students, she requested a different room because she fears that her white roommate she does not want to live with her . She is given her own a tiny single room and distances herself from the other students. Bell at this time felt that she and other girls do '' not reside on the same plant ''(5). Because of that she realized that she was living in her own world of books and studies. She has to know her place between rich social class and race since she study in lower classes,
What is secession? The definition is the act of withdrawal. This can mean a country such as Germany withdrawing from the European Union, or a state or states withdrawing from the United States. This can also be broken down into a withdrawal of counties from a state or even a town from a county. This can even be broken down into an individual act of secession, an individual withdrawing from the government. Within this essay I intended to show that not only is secession legal but also that it is a natural law that is imbued to all people. I will also touch on secession within the United States as well as in the rest of the world. I will also show that the Constitution allows for the secession of the states as well.
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
1.The U.S. Constitution was written in the same Pennsylvania State House where the Declaration of Independence was signed and where George Washington received his commission as Commander of the Continental Army. Now called Independence Hall, the building still stands today on Independence Mall in Philadelphia, directly across from the National Constitution Center.
The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times.