The powers not delegated to the United States by the Constitution, nor prohibitied by it to the States, are reserved to the States respectively , or to the people. The 10th AmendmentThe powers prohibited to the states are identified in Article I, Section 10 of the U.S. Constitution. Secession is not among them.
The power to prohibit secession is not listed among the powers delegated to the United States.
Secession is therefore a power reserved to the States respectively, or to the people.
1. The Constitution delegates the power of determining the makeup of the Union to the Congress, not to individual states. Therefore a state cannot claim that the Union doesn't include that state.
ReplyDelete2. The Constitution prohibits states from having the power of claiming the US Constitution, US Laws passed in pursuance of the Constitutions, and Treaties made in accordance with the Constitution no longer apply to them. Therefore a state cannot declare the US Constitution, US Laws, and US Treaties do not apply to it.
That doesn't amount to a prohibition of secession. Sorry. Those apply to states still in the union, not those that have seceded from it.
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