Do States Have The Right Of Secession

"Civil War" battle scene, circa 1860-1865.

With American Politics heating up, for the first time in a century and a half, many Americans are now revisiting the same political questions as our earlier ancestors. Among these very troubling issues are: Hard-Lined State Sovereignty, Jurisdictional Nullification, and [even] Lawful Secession. The fact, that our Federalized Republican Union is increasingly forcing these issues - by its overbearing and all encompassing political nature - is now well established... for such drastic political measures aren't easily, or lightly, being considered by anyone.

After all, our last attempt at peaceably walking away from an ongoing political argument, resulted in America's most destructive war upon historical record! Like an: abusive, compulsive, and obsessive spouse - our Federal Government doesn't believe in divorce and the Supreme Court is largely afraid of her, for very good reasons. In such instances, they do not have any real enforcement mechanism at their own political disposal! Without an ability to back up their decisions, they are forced to concede whatever points are dictated upon America's inevitable battlefields. Case in point, the Supreme Court Decisions upon Tribal and State Sovereignty [respective to the actions of 1838 and 1860], which simply read:

• "Had the Office of The Presidency, or Congress, not had such political authorities and powers - then it couldn't have factually done so."

The Causes Of The American Civil War

Contrary to popular myth and modern opinion, The American Civil War was never about Slavery! Perhaps, the most well informed, well documented, and well written document ever published upon this subject was penned by Patrick J. Buchanan on February 12th 2009. Although, the dividing issues were over matters of Trade, the underlying principles were that of: State Sovereignty, At Will Solidarity [In A Union], and States Rights!

Just as our laws make it illegal to smash someone's knees or to kill them for leaving, "A [voluntary] Worker's Union Membership..." Sovereign States, or Countries, have a Lawful Right to leave All Unions At Will - if they are inherently oppressive! In fact, that was the very basis for the original Declaration Of Independence in 1776... Was It Not? Where, then, is the "Right Of Ascension" - for, any created political body, to ignore "The Consensual Act Of Any Human Being [Or Entity] To Peaceably Walking Away From An Argument?"

The Return Of State Nullification

 Prior to 1860, State Nullification was both: practiced by The States and recognized by The United States Supreme Court - as a means of overriding undue and constitutionally illegal Federal Authority! At that time, with the majority of our Founding Fathers still living, few if any questioned its proper role or legal authority - since many of them had [in fact] written The Constitution and well understood its mechanisms. 

However, since the Supreme Court's Decision to legally establish "The Federal Tyranny" through Precedent - in wake of the Civil War - Nullification has been a legal concept often thought of as being long dead. However, after passage of their landmark legislation regarding, "Un-Constitutional National Health-Care," several States have once again asserted this Constitutionally Guaranteed Right Of The States!