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darkpatriot
In general, I don't think war and rebellion are really legal matters, although their justifications may appeal to law. It is about people thinking there is a dispute they can't resolve through legal mechanisms and deciding to take extralegal measures.
darkpatriot
So I have never given that much thought to the legal justifications given for Southern secession. But on a brief consideration I have to say that I would probably agree that states probably did not and do not have the legal authority to secede. There is no explicit mechanism for such an act in the Constitution or any other federal law, and I don't think there is any implied one either.
darkpatriot
All the states either ratified the Constitution or were created under federal law (including the Constitution) and they gave up certain types of sovereignty, powers, and authority to the federal government when they did so.
darkpatriot
So a legal secession would have to have specific legislation passed in congress to grant that back to the seceding states, IMO. And there may be an argument that such legislation isn't constitutional anyway, so it may even require a constitutional amendment to allow it.


I am sure it is a topic legal scholars have debated and written about, but I haven't really ever read about the topic to see what they have said.
Kalarion
Kalarion
OK. But that just begs another question (in the colloquial sense, not the sense of formal debate). Notwithstanding your uncertainty whether legality should even be considered as a justification for rebellion/acquisition, what gives a "State" (nation, kingdom, republic, empire, etc, I'll just use State as a catchall from now on) its ordained legitimacy?
Kalarion
Kalarion
Where does what appears to be an inherent and indefinite right to a given sovereign territory come from?
Kalarion
Kalarion
- If the matter is purely legal (in the sense of your arguments regarding the Constitution re: lack of legal justification for secession), does that not also bring the obvious counterpoint of the American Revolution itself?
Kalarion
Kalarion
The Colonists faced the same legal hurdles in their breakaway bid, after all. How did the new State (the US, I mean) gain legitimacy after what would seem a breathtaking rejection of a legal basis for State sovereignty?
Kalarion
Kalarion
- If instead practical/pragmatic (the State is formed through force and maintains its legitimacy by force), why tackle the question of the invasion of Ukraine through a moral lense? This isn't meant as a gotcha (that comes later :D), it's just the most obvious and recent case I've seen you make on matters of State sovereignty/determination.
Kalarion
Kalarion
- If instead moral (in the sense of above), what is the basis for a moral stance on the matter? Typically I would expect it to be religious, but I suspect you're not. So what takes religion's place?
Kalarion
Kalarion
I appreciate your saying you've never really thought about this, so I respect that any answer may require further consideration of the matter on your part. Don't feel under any pressure to answer quickly. Or at all if my questions aren't to your taste, of course.

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