FACT CHECK: UNILATERAL SECESSION THROUGH THE 10TH AMENDMENT IS A LEGAL MEANS FOR A STATE TO LEAVE THE UNION

20 Sep

CLAIM: UNILATERAL SECESSION THROUGH THE 10TH AMENDMENT IS A LEGAL MEANS FOR A STATE TO LEAVE THE UNION

INVESTIGATOR: John Needham

FACT CHECK DETAILS: FACTUAL ACCURATE

INVESTIGATORS FINDINGS:

Secession was and still a legal opinion of the States today. There had to be a specific constitutional prohibition on secession for it to be illegal. Conversely, there did not have to be a specific constitutional affirmation of the right of secession for it to be legal. Why? Because the 10th Amendment to the United States Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

There was no constitution prohibition on secession, nor was there a constitutional sanctioning of any kind of federal coercion to force a state to obey a federal law because to do so was to perpetrate an act of war on the offending state by the other states, for whom the general government was their agent.