Wicked Commentary

Editorial by: Dave Taylor

Supreme Court Judge Scalia believes they do not due to the outcome of our civil war. In a letter he wrote in 2006 to a screen play writer that was working on a farce story of Maine seceding Scalia wrote:

“I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”) Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit…”.

 I vehemently disagree with Judge Scalia on this issue and frankly find the reasoning for his conclusion without basis. These are my reasons for my conclusion states are granted the right to secede from the union.

The only thing the civil war resolved was the north won the war; period. Using Judge Scalia’s reasoning; what would be resolved, if the south had won the civil war? Slavery was abolished due to the north winning, so would slavery still be legal had the south won? Apparently so using Judge Scalia’s reasoning. His reasoning goes right along the lines of “to the winner go the spoils”. 

I do not believe anyone should be enslaved and simply winning a war does not make something right, but if the south had won (using Judge Scalia’s reasoning) slavery may be alive and well this very day.  And Lincoln had made seceding unlawful during the Civil War thus going around the Constitution. He also suspended habeas corpus which is against the Constitution.

Also; individual states freely created the union and it was not done by force. Creating a union of free will in return gives a party the right to freely leave the union. At the time the union was created; the people all had a common goal and with greater numbers common goals more easily attained. Would a union been freely created, if the individual states broadly disagreed on goals? I believe the no-brainer answer to that question is no.

There’s also the matter of our Constitutional rights that disagree with Judge Scalia. The Constitution of the United States is the supreme law of the United States of America. The Tenth Amendment confirms its federal characteristics. The term “federalism” is also used to describe a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (such as states or provinces). The Tenth Amendment (which is part of the Bill of Rights) states the Constitution’s principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people. The tenth amendment states “”The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Nowhere in our Constitution is the right granted to the government to force states into staying in the union. Nowhere in the Constitution is the right for states to secede from the union labeled unlawful or unconstitutional. The tenth amendment was written to push back against unconstitutional federal laws and regulations on a state level. The principle is known as “nullification,” and was advised by many prominent founders.

Next we have the issue of the Declaration of Independence. Here is a portion of the preamble:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…”.

I believe very strongly I’ve provided sufficient information that makes my opinion correct and Judge Scalia’s totally incorrect. Our founders fought off a corrupt, tyrannical government and threw them out. They did this to give us the freedom’s and right’s our great nation was founded upon. Many of these rights afforded to us by the hero’s of our Revolutionary War are under attack and we once again are facing a corrupt, tyrannical government. The only questions now left in my mind are “have we learned from our history and what is the best approach to exercise our constitutional rights?”

http://www.theblaze.com/stories/there-is-no-right-to-secede-see-the-letter-where-justice-scalia-shoots-down-idea-of-leaving-the-union/

http://en.wikipedia.org/wiki/The_United_States_Constitution

http://simple.wikipedia.org/wiki/United_States_Declaration_of_Independence

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Comments on: "Do States Have The Right To Secede?" (36)

  1. Reblogged this on Gds44's Blog.

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  2. Interesting take. All those petitions on that stupid website will be in the shitcan before Dec.1,guarandamnteed. Look for that site to disappear.

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    • clyde,

      i’m sure you are right. The Messiah is not going to bother his royal head over a few million people who are dissatisfied with his polices. Ah, forget about it! We’re sunk. Like Gar says just wait to die.

      Like

      • Gar Swaffar said:

        Actually, my statement was to “keep it dry” or be ready to die. Waiting for nothing, but meeting it head on.

        Like

    • Hey clyde. Thanks for commenting. I’m with you on the petitions. The sanitation workers will be the only ones that see them at their final destination.

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  3. Gar Swaffar said:

    There’s a difference between winning or losing the Second American Revolution, (Civil War) and what the Marxist Obama Regime will allow now.
    Short answer, he is not likely to let a few million or several million Constitutional Conservatives get in the way of remaking this nation into a Northern Cuba.

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  4. Gar Swaffar said:

    Also, keep in mind that the supreme law of the land is administered by fallible men, the same men who are likely to be replaced in the next four years to create a Supreme Court more to the Regime Master’s liking.

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    • Gar,

      I’d rather not think about it. It’s too horrible to contemplate. I’m really getting cheered up here. 😦

      Like

      • Gar Swaffar said:

        Not to worry, I read the end of The Book. We win. And besides, a little trouble now and then keeps us humble enough to stay on task. This nation will survive the current regime.

        Here is what should bring a smile to you: All things are cyclical, and this socialist cycle has just about run its course. When the pendulum swings back toward freedom and liberty, it will REALLY swing that direction and it will be a good place to begin again.

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    • Gar; good point. We’re already in trouble with the SCOTUS by Robert’s thought process that is all over the place and Barry will only load on more haters of our Republic and constitution from the land of radicals. Congress can pass new laws to override anything the SCOTUS puts in place, but we all know the chickens we currently have in congress would do no such thing.

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  5. Gar Swaffar said:

    4 19 1775

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  6. Gar Swaffar said:

    keep it dry, or be ready to die

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    • Gar,

      Cheery messages.

      Like

    • Gar,

      I went into a state of complete exhaustion sometime after the election, about 11 days from it. My doctor told me to get in bed and rest and sleep as much as possible. I have not been online and not watching news because it upsets me so much right now. So, I’m avoiding things lately.

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    • Gar & Pepp,

      The largest armed force in the entire world is the US citizens. It’s actually a completely overwhelming force. Those that sponge off systems for freebies are also usually gutless and will not fight to keep it. A great number of those that love our constitution (the rights, freedoms and privileges we are granted) will be much more willing to fight to hold onto something sacred. I’m with Gar on how the book ends…

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  7. WP glitch refuses to let me “like” this post. Presing this anyway.

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  8. willibeaux said:

    ‘Rave! Your analysis is very thought provoking. However I agree with Mrs. Pepper’awk that Zero’s Mafia has probably “round filed” the petitions.

    There’s a real threat looming on the horizon with the formation of Zero’s ready reserve which is described in Section 5210 of Zero Care. Google it if you want know more about it.

    This could be his “civilian army”.

    Thanks for the effort that you put in to explain why secession is legal.

    ‘oohRah!! 😉

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    • Willi my good friend…thanks so much for commenting! I put zero confidence in the petitions, but I guess we have to start somewhere. I’ll research Sec. 5210 and I appreciate the heads up. It was all my pleasure in providing my belief we do have the right to secede.

      Like

  9. willibeaux said:

    ‘Rave! Here is a link describing Zero’s ready reserve corps.

    http://bungalowbillscw.blogspot.com/2010/03/section-5210-of-hr-3590-obamacare.html

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    • Thanks so much for the link Willi. I believe your take on this is quite accurate. It’s a shitty situation, but the one thing that stands out to me most and foremost is there is only 6,000. That number is not even close to the number of deer tags told sold in KY in one year, so I wouldn’t be messing with this bunch of hillbilly rednecks with only 6,000. That would be a big oops!

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  10. Excellent article Dave, right on target. Or should I say over it? In Scalia’s version, I guess there is no lasting value to the Declaration either. So the Constitution made the Declaration irrelevant. (which is the claim of a lot of liberaldom) I don’t knoiw how much it fits or not, but it would seem the answer to mutiny on the high seas then is sinking the boat.

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    • Hey Bull! Thanks so much for coming over and commenting my friend! I am really clueless how Scalia (of all people) came to his conclusion. His argument carries zero weight in my opinion and I highly respect Scalia, but he and I sure part ways on this issue. LMAO!!! Your analogy is dead on and hilarious!!!!

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      • Dave, I like Scalia too but this statement did nothing for me. I’m glad you pointed it out and found it. Mitch also had a serious disagreement with him on a 1st amendment issue. So there are two recent ones. In both cases I can’t understand where he is coming from.

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        • Davetherave said:

          He left me in right field with the sun shinning right in my eyes trying to catch this fly ball Bull. If anything the civil war the north started with the south was unconstitutional. Scalia sounds like he’s promoting the old saying “sins of the father shall be visited upon the son” and first there was no sin; thus we are stuck with nothing!

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          • Dave, right to kill babies = “law of the land”. Consent or rights to secede do not exist. (right to do anything , fill in the blank, they’ll claim to declare rights at their will) Conspire and shove ObamaCare and its fiat law down our throats, granted, the right to refuse….NADA THis sounds like exactly what the founders were concerned about.

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          • Bull,

            The way I read our constitution people like the sumbitch is EXACTLY what our founders were trying to prevent and totally against. Marxist/Socialist/Commies have spent the last 100 years infiltrating our system and now own our educational system, media outlets, judiciary system, most in congress and the executive branch. Even the top dog for the Joint Chiefs of Staff is one of them. It can look too overwhelming and like a non-win situation for patriots at times, BUT I bet it looked like that to a lot of folks back when we were English Colonies…

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  11. Rave,
    Good article!!

    Like

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