| mjk45 said: Exacty it came down to forced surrender at the point of a gun and a climate of we don't care what we do , how many rights we trample or how many die to achieve it , that's the very reason I brought it up because it only settled who had the military power at that time , so i was wondering what the case would be if it was played out in the courts today without any threats of throwing judges into jail etc and was looked at from a purely legal standpoint and yes i know what I'm asking for is a big what if . |
Well, due to sovereign immunity any level of government must consent to being sued. So if a state were to attempt to sue the federal government for the right to secede, the feds would just say, "LOL, nope." It's therefore impossible to even imagine it reaching the courts. But, purely for the sake of argument, if it did reach the Supremes the justices don't have to rule based on the law as they actually understand it, there being no recourse against them for making shit up on the fly to reach the outcome they desire, so they would undoubtedly shut it down 9-0. This is the Supreme Court that ruled that the Obamacare penalty was actually a tax just so they could avoid the controversial decision of overturning such a huge piece of legislation; there is no chance in hell they'd ever reason that a state could leave the union.
