You are currently browsing comments. If you would like to return to the full story, you can read the full entry here: “Justice Antonin Scalia Talks Seccession”.
You are currently browsing comments. If you would like to return to the full story, you can read the full entry here: “Justice Antonin Scalia Talks Seccession”.
Wow. I'm surprised he would hold that opinion.
That's where we're at in America today.
[...] Justice Antonin Scalia Talks Seccession – The Classic Liberal [...]
There are two positions here: an individual's philosophical position and one based on the US Constitution. I'm not a constitutional scholar but from what I can see the Constitution neither provides for, nor disallows secession. As a result I'm not certain that secession is a province for the courts. It would be up to Congress and the States to provide a legal mechanism. That would not happen unless Civil War or open rebellion is imminent.
I certainly hope we never get to that point.
I would hope not either.
I think Congress and the States must provide a legal mechanism if it is so desired.
Absolutely a legal mechanism for secession is far preferable to Civil War or open violence. In an ideal world – wouldn’t that be nice – Congress would anticipate future problems and deal with them before passions are inflamed. Secession is one issue; absorbing new territories as states is another; dealing with close elections (Florida); Electoral College ties during Presidential elections; having the Electoral College without actual electors. All these topics should be reviewed before there is a problem.
However, even after the 2000 fiasco we haven’t come up with anything on either the federal or state level regarding close, contested elections.