With all fifty states offering petitions to the central government to leave the Union, the legality of secession is now front page news in the United States. Can a state legally secede from the Union? Many, including Supreme Court justice Antonin Scalia, suggest no. In a 2006 letter, available here, Scalia argued that a the question was not in the realm of legal possibility because 1) the United States would not be party to a lawsuit on the issue 2) the “constitutional” basis of secession had been “resolved by the Civil War,” and 3) there is no right to secede, as the Pledge of Allegiance clearly illustrates through the line “one nation, indivisible.”
Read Full Article »
