Wednesday, February 17, 2010

Justice Scalia - "There is no Right to Secede"

Justice Scalia has quashed the hopes of anyone seriously contemplating getting heir state to Secede; at least if they were planning on using legal avenues. Such an issue would not be decided legally. If there was a serious move for secession (which I am NOT advocating) it would almost certainly be an armed skirmish if not all out war. Indeed we have seen such an attempt in our history, we call it the Civil War. No one waited around to hear what the Supreme Court had to say then and I doubt they would now. I can see emergency resolutions by Congress or the President, but I do not see the issue winding its way up to the Supreme Court. Still, it is interesting to hear a Supreme Court Justice's take on the matter. Head to the source to learn how they ended up receiving the letter. (via).

"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 am sure that poetic license can overcome all that -- but you do not need legal advice for that. Good luck with your screenplay.

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