Yes -- there are issues that can justify secession
No -- secession is always wrong
Neither side in an argument can find the truth when both make an absolute claim on it.
Sovereign nations, by definition, don't need any "justification" to withdraw from federal republics, since they are answerable only to themselves and the sovereign that rules them.
In the US, that sovereign is the popular majority of the state in question: that's what they were before the Constitution, and that's how the Constitution was supposed to be enforced.
However in 1861, the Republican Party mounted a coup under Lincoln to conquer the states by force, under the false claim that they were one sovereign nation-- and had always been such-- rather than a federal republic of many sovereign nations; and in doing so, they murdered 300,000 who refused to submit to their demands, until they accomplished by force and lies, what they could not by law.
However legally the states are still sovereign nations, since that sovereignty was never offically reversed or altered in any way; again, just saying something, doesn't make it so-- no matter how many people you murder to make others say it as well-- and so the US is not "one nation, indivisible." It's still 50 sovereign nations, and each one has the same right to secede, as the nations of the UN have the right to secede from the UN.
The states voluntarily surrendered aspects of their soveriegnity for the advantages of being part of a greater whole, and that's the end of that. Secession wasn't an option after ratification.
I say we let Alaska secede, then when all the rw nuts move up there,
we bomb them and steal their oil.
Contract law enjoins two parties to an agreement under the law as adjudicated by the sovereign; meanwhile international law, in this instance, pertains to federal republics among sovereign nations, as defined under the Law of Nations and the Constitution: in such an arrangement, each nation retains its sovereignty, and therefore all agreements are strictly voluntary.
The main difference between a federal republic and a treaty, is that a treaty is nullified if either side breaches one of its terms. Meanwhile a federal republic remains unbroken by one side breaching one of the terms; rather, this simply abrogates the particular term for both sides.
You can read more about this here.
The particular section is as follows:
This was the form of government created under the Articles of Confederation, as well as the Constitution. Each state retained its respective sovereignty, and hence is a separate nation unto itself: meanwhile their joint deliberations did not impair the sovereignty of each member, though it might, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements only.§ 10. Of states forming a federal republic.
Finally, several sovereign and independent states may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state. They will together constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfil engagements which he has voluntarily contracted.
As such, no state had any right to use military force against any other state to coerce compliance with the law or deliberations.
The Republican Party abrogated this international arrangement in 1833 through misinformation, claiming that the relationship was not international, but strictly national in the sense that the states formed one single nation among themselves via the Declaration of Independence.
While official experts have corrected this notion, they continue to claim that the Constitution formed such a nation out of the states; however this is entirely false, as even a cursory examination of the founding history reveals.
The Philadelphia convention was delegated no authority whatsoever either to relinquish any state's sovereignty, or consolidate the states into a single sovereignty. Rather, the extent of their delegated authority was solely to revise the Articles of Confederation-- and therefore the Constitution necessarily retained state sovereignty by implication, if not expressedly.
For the Articles of Confederation retained state sovereignty expressedly due to the international dispute of such which existed by Great Britain at the time of their writing and inception (1778-1781), and therefore such express retention was required in order to avoid further dispute among the states themselves; however this dispute by Great Britain ended in 1783 by the Paris Peace Treaty of that same year, wherein Great Britain and France both recognized the sovereignty, freedom and independence of each state as an individual separate and sovereign nation unto itself-- each having the power to declare wars, make treaties, and do all the other things which sovereign nations may do by right. This international recognition by other globally-recognized sovereign nations, made each state a sovereign nation under international law.
After this, it was no longer necessary to expressly reserve each state's national sovereignty under the Constitution; the main purpose of the Constitution was to delegate the federal government additional powers -- never to surrender any state's national sovereignty.
Therefore, the people of any state could still vote to overrule federal laws, or withdraw from the union entirely, or anything else that a nation can do.
The claim that the states formed a single sovereign union, is utterly false-- in fact Federalist 39 expressly assures the people of the states, that the Constitution forms "so many independent states, not a single nation," as a specific condition of their ratifying the Constitution in the first place.
Therefore the act of betraying this trust, is nothing less than barbarous treachery and ruthless betrayal through bad faith by the Republican Party, breaching both ethics and morality.
Last edited by SovereignState; 05-13-09 at 01:40 PM.