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Old November 11 2012, 05:42 PM   #40
Alidar Jarok
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Location: Norfolk, VA
Re: Louisiana petitions Obama for secession.

Ian Keldon wrote: View Post
And the SCOUTS ruling is wrong on the facts. If a state wants to leave, under the Constitution as it was plainly understood prior to the 1860s, it was their decision, and the Federal Congress had no say in it.
It wasn't plainly understood. For starters, the idea of the states as actors who joined the constitution was alien to the founders. They deliberately bypassed the states and used ratifying conventions. They said proposing the constitution to the state legislatures would be illegitimate because it's the people of the United States who had to decide. The Constitution of the United States would be between the people and the government, not the states and the government.

In addition, the states didn't get new powers under the constitution. They only retained some of the powers they had previously and ceded others. The original 13 states clearly abolished their right to secede when they signed the Articles of Confederation, which created a "perpetual union." That's why the 10th Amendment doesn't apply.

T'Girl wrote: View Post
Not exactly, the US controls the Gulf Waters off the US coast line. The federal government doesn't control Mexican waters. And they wouldn't control the waters off of Louisiana.
Why does Louisiana get to unilaterally decide its coastal waters? Those waters currently belong to the United States, not the state of Louisiana. I'm not talking about the waters inside Mexico, but that was obvious from the context of my post.

T'Girl wrote: View Post
Getting the American people behind an attack on Louisiana? What are the odds?

President Obama getting Congressional approval (both houses) for military action

... against Louisiana?

I'm still waiting for Obama to get Congressional approval for the attack on Libya.
The President is explicitly authorized by statute and by the constitution to use the army to defend the US from invasions and insurrections, so Congressional authorization is unneeded. As for Libya, I'll refer you to the War Powers Act.
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