Is secession even legal?

[Hugabear]

Usually when the topic of secession comes up, it conjures images of the Confederacy, slavery, rebel flag waving rednecks, etc. But with the choice of Palin to be McCain's running mate, secessionist movements are once again in the news, albeit from a very different place - Alaska. Indeed, there are currently several active secessionist movements across the United States, everywhere from Alaska to New Hampshire to the old Confederacy (don't they ever give up?).

I'm pretty sure that I've read several places that secession is indeed illegal, that the Constitution doesn't even cover it. So what would happen nowadays if a state held a referendum to secede, and attempted to do so peacefully?

[tekisui]

1. They would not be recognized.

Re-drawing countries is a damn near impossible task. It can rarely be done peacefully.

[pampango]

11. Ahh, but Alaska "borders" on Russia. Maybe Russia will come to their "rescue"

as they did in South Ossetia and Abkhazia. ;)

[yellowdogintexas]

2. don't know, but this AIP thing sure ain't the Conch Republic...

:evilgrin: :evilgrin: :evilgrin:

[tomg]

3. I think if all parties - that would be

both the state and the federal government - agree it's legal. As to what would happen, I think the federal government and the state would have to go into couple counciling first.

on edit: I wonder who would get custody of the caribou.

[hobbit709]

4. Didn't work out too well in 1861, did it?

[RaleighNCDUer]

10. Technically, it wasn't the seceding that kicked it off, but the firing on

a US government installation at Ft. Sumter. SC had seceded several months before that, leaving the government in a "whadawedonow" mode - but opening hostilities against the US is what started the civil war.

[no_hypocrisy]

5. I don't believe it's in the Constitution, and how it would play out as

states rights has yet to be tested. Lincoln didn't recognize the secession of the southern states. An area of a municipality can remove itself from that host municipality and proclaim it an indendependent, autonomous entity. Same thing with counties. But I'm uncertain how that plays out as a macrocosm of states splitting or a union of states splitting. Something tells me it would require an amendment to the Constitution to make it "legal".

[The2ndWheel]

6. In terms of choice and diversity, I'd say it should be

In terms of thousands of years of history and momentum, it won't be done peacefully.

[Stuart G]

7. I doubt it is legal..I recall a war about it many years ago..

[Canuckistanian]

8. Self-determination is a tricky issue

As Canadians, we've been struggling with this for about 30 years.

For a peaceful secession to take place, there has to be ABSOLUTE CERTAINTY that the residents want it. There may have to be SEVERAL referenda on many issues before it's even considered.

Then, there's the question about national resources, defence, government services, etc, etc.

And with Alaska's oil, gas and mineral wealth, this won't be happening anytime soon.

[Chisox08]

9. It was until the civil war set the precedent against it

Up until the Civil War it was even taught at the VMI and Westpoint that secession was legal and the states voluntarily entered the union and can leave it voluntarily. As a matter of fact before the Confederates left the union the northern states threatened to leave the union about three times. After the Civil War the issue of secession was never brought up again.