From Scalia's Mouth: There is no right to secede

[☭proletarian☭]

I love people attempt to use 'whom' to sound more educated- and then use it incorrectly. It highlights how uneducated they truly are.

 

[editec]

About the legal nicities regarding states legal right to leave the union I tend to agree.

RIGHTS is one of those words we banter around like it really has meaning.

It has meaning if we're talking about law, I suppose, but it has no meaning the moment that the law is not the subject.

There is no such thing an a RIGHT which is inalienable except if we're talking about a RIGHT under the law in a fuctional society

Any nitwit with a gun can take away every RIGHT you have.

The dead don't have RIGHTS.

The authors of the preable to the consitution speak of inalienable rights as a LEGAL AND MORAL concept.

But morality doesn't mean shit unless there's law (or some other power not guided by law) to back it up.

 

[Liability]

About the legal nicities regarding states legal right to leave the union I tend to agree.

RIGHTS is one of those words we banter around like it really has meaning.

It has meaning if we're talking about law, I suppose, but it has no meaning the moment that the law is the subject.

There is no such thing an a RIGHT which is inalienable except if we're talking about a RIGHT under the law in a fuctional society

Any nitwit with a gun can take away every RIGHT you have.

The dead don't have RIGHTS.

Wrong. You have the right to life. It is inalienable. That doesn't mean it can't be illegally snuffed out. The fact that you can get murdered doesn't denigrate a right into something less.

But you got one thing correct. The dead don't have rights which means the primary right is the right to life itself, since you can't exercise the right to vote if you're dead (except when a Democrat is screwing with the system).

 

[NYcarbineer]

[
So much for that consent of the governed and the tree of liberty.


Someone dig up Washington and let him know Scalia has a few words for him about seceding from the British Empire.

The colonies didn't legally secede. You can't seem to get that through your head. Are you mental?

They committed treason and got away with it.

 

[☭proletarian☭]

They only committed treason if you're a Tory.

Besides, since when is treason necessarily bad?

 

[William Joyce]

It's an undebatable paradox. Of course no ruling power is going to say that anyone has the right to secede. But equally of course, we all acknowledge that if a government becomes too shitty, there is a right to rise up with arms and overthrow it.

All the stuff about what the framers intended along these lines is academic.

I just so dig the fact that "secession" is a serious topic of discussion these days, rather than another supposedly laughable far-right fantasy.

Who knows... maybe racial self-determination is next?

And is anyone open to the possibility that all the serious talk about secession by Texas, New Hampshire or wherever is actually white racial discontent bubbling up through radical but race-neutral discussion channels?

Hmmmm?

 

[Liability]

[
So much for that consent of the governed and the tree of liberty.


Someone dig up Washington and let him know Scalia has a few words for him about seceding from the British Empire.

The colonies didn't legally secede. You can't seem to get that through your head. Are you mental?

They committed treason and got away with it.

LOL!

It was treason to the Brits.

To us, it wasn't.

As we plainly stated in the Declaration of Independence, to US it was a matter of RIGHT!

 

[Vanquish]

Victors get to write history

 

[Procrustes Stretched]

New York Personal Injury Law Blog: Scalia: "There Is No Right to Secede"

The right of a state to secede from the nation is way outside my personal injury wheelhouse. But it has become a source of conversation on professorial and political blogs, and the concept has generated interest from the Tea Party movement.

As it happens, my brother has a letter from Justice Antonin Scalia that is directly on point as to the legitimacy of secession. How he got that letter, and its contents, are the subject of today's post.

The inspiration for writing, and the release of the letter, comes from Prof. Eugene Volokh, who wrote, "I keep hearing the claim that the legitimacy of secession from the U.S. was 'settled at Appomattox,' and I wanted to say a few words about why I think that makes little sense."

Just the beginning of a really really interesting blog post. Worth reading...especially since there are some people on this board who seem to think secession is a viable option.

There are some here who think 911 was an inside job.

go figure