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Old November 10 2012, 09:02 PM   #3
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Location: Washington State
Re: Louisiana petitions Obama for secession.

Considering this is just some online poll, I find the thread title wildly misleading, and in fact totally erroneous.

... As for secession, the Supreme Court was fairly clear in its 1869 Texas v. White ruling:
When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States. (emphasis mine)
So there's a broad hint that the Supreme Court would regard a secession as lawful if Congress (representing the remainder of "the States") accepted it, but otherwise, it's independence achieved through war or nothing.

Regardless, a secession request would have to start with a state's legislature, not an online poll, and the executive branch would in theory have next to nothing to do with such a matter (apart from putting down an armed insurrection, that is).
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