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Amendment To The Constitution: A Professation Case Study

Decent Essays
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
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