February 17, 2010


He’ll Have To Recuse Himself

Filed under: Constitutional Law,Scalia
By Davy Buck (Email) @ 6:34 pm

“To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.” ~ Justice Scalia

While I’m not arguing for secession, since when did a war “resolve” a constitutional question?

More here.


4 Responses to “He’ll Have To Recuse Himself”

  1. Maybe there IS a path for secession. After all, corporations were treated very much like persons in the recent Citizen’s United case. All a state would have to do is transform itself into a single, corporate entity. Then it should declare that it has the fundamental right to succeed under Planned Parenthood v. Casey’s “sweet mystery of life” jurisprudence. Every person has the right to define the meaning of their own universe. I’m sure we can squeeze secession in there!

  2. Davy Buck says:

    Well . . . Obama does like to compare himself to Lincoln.

  3. M. says:

    I like Scalia, but doesn’t he mean “War of Northern Aggression?”

  4. Harry Gilmor says:

    I thought secession was part of the “good and welfare clause” that House Judiciary Chairman Conyers mentioned the other day…

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