Justice Scalia Shoots Down Idea of Leaving the Union: ‘There Is No Right to Secede’

photo credit: us mission genevaLast night, TheBlaze reported that residents of 27 states had filed petitions with the White House to be allowed to secede from the union. As of today, that number has swelled to 47.

But could it actually happen? Do states even have a right to secede anymore? The answer, according to arguably the most respected conservative Justice of the United States Supreme Court, is an unequivocal “no.

Over at New York Personal Injury Attorney Blog, author Eric Turkewitz recounts an interesting story of how his brother, a screenwriter, managed to apparently coax an answer out of Scalia on precisely this topic.


Read more from this story HERE.

  • currituck

    I think the petitions are more of a protest to the current administrations actions the last four years than a real intent to secede. I’ve seen the decline of America the last forty years, dipping into a socialist state. It’s not been a good thing to witness. So many now dependent on the government for their needs, they now appear to outnumber those wishing to work and make their own way without government help. Once government involvement is out of private enterprise and private lives, America may once regain glory.

    • pferrell

      Now this one really makes sense. Before Lyndon Johnson shoved his “Great Society” down or throats and made even our thoughts illegal, we were doing just fine. They didn’t need to bye the Democrats votes with OUR money. We should have voter restrictions that allow only people not on welfare to vote. A perfect example is the rediculous farce called an election that just occurred. What a joke.

      • sandraleesmith46

        This slide started under WILSON, and was exacerbeted under FDR, then further under LBJ and Slick WIlly, and now we have Obama to FINISH the job!

    • I think we need to have a recall on the election I believe it was fraudulent. especially after the response of the country if he(Obama really were elected by the margins they claim then why the response? thousands of people already out of work unemployment will be if they really report around 25% and more layoffs and business closings are on the way nothing to look forward to but 20 new taxes plus Obama care. no need to raise taxes on the middle class they will already be paying those 20 new taxes plus Obama care. seceding from the union seem the only option to live under a constitutional government.. that is what we the people really want we are not ranting or raving about the bull the media says we want to live under the constitution of the united states not the republic of Obama care for which he stands.

      • currituck

        Absolutely, under the Constitution drafted by the founders, NOT the socialist type government this current admin is trying to shove down our throats.

  • Wrong answer judge dumbkoff. Better go read the agreement between Texas and the then USA. Texas has the LEGAL right to seceede.

    • sandraleesmith46

      All states do; it was part and parcel of the Constitution, which enabled the original 13 to ratify it in the first place.

  • joan

    Remember we are a Republic not a Democracy! Each state is its own Nation State. The UNITED STATES is a corporation 28 USC 3002 (15)(A)! It has been owned by the bankers since 1933 just after the Federal government went bankrupt for the 3rd time!

    • sandraleesmith46

      The incorporation goes back to 1871, and the banksters took control in 1913 with the establishment of the Federal Reserve Bank.

  • Edmund Ruffin

    I seldom disagree with Justice Scalia, however, would the good justice show me the provision in the Constitution that says states can’t leave?

    • DOC224

      The door was left open for this to happen when the constitution was ratified. Three state: New York, Virginia and ( can’t remember the last one ) Wrote into the ratification that they reserved the right to suceed. This means every state has that right,

  • RLM357

    DAMN IT! Read the original agreement between the States to Form this Union. The Right to seceed is in there. Don’t you know this? Lincoln threatened to JAIL the Supreme Court Justices that opposed his action against the Southern States and his suspension (illegality) of OUR CONSTITUTION. Did you not read our History? I highly respect you but you are WRONG on this Issue. The States DO have the RIGHT to SECEDE from the UNION. It is even stated so, in Texas’ Constitution. Support your Wrongful statement with the Proof otherwise. Not your Opinion. Remember that the SCOTUS was formed to only hear cases of dispute between the States, Suits against the Federal Government and Land Grants ! SCOTUS has usurped the other powers. Investigate Obama’s Eligibility to serve as POTUS. His ongoing Violation of his Oath of Office to support and defend the Constitution ! To obide by Our Laws and the Supreme Law of the Land the U.S. Constitution. The recent appointments to the Sup Crt. were purely political and without merit. ~Rick Magee, FL

    • sandraleesmith46

      Rick, you need to realize that HONEST American history has NOT been taught since about 1960, and it was corrupted even before that to some extent, especially in the heavily “blue” states, and most people have neither the inclination nor the time to seek out and learn the truth, which is being lost as well. MUCH of what I know now, to be true about American history, I did NOT learn in school, but as an adult, MANY years after graduating.

      States have always had the right to secede; that was a pivotal factor in the original 13 even ratifying the Constitution and there has been NO amendment to remove that right!

  • Archie

    Strange how the USA supported the former states of the USSR when they decided to break away.

  • Justice Scalia is a Statist and serves the U.S. Corporation and NOT the sovereign states & citizens of the United States of America.

    It’s time to imprison all imposters in all 3 branches of our government ASAP as they serve the money-changers and NOT WE THE PEOPLE….

  • ltfbhh

    Scalia is WRONG. Individual state legislatures voted to join the union and it has always been accepted that NO legislation passed by one legislature cannot be undone by a future legislature. If an existing state legislature votes to repeal the adoption of the Constitution and leave the union, provided it is not prohibited under its own state constitution, they can do it. The Founding Fathers never envisioned or intended that the Federal Government would hold supreme authority over the states in all matters. Obama apparently never saw the memo.

    • sandraleesmith46

      He SAW it, he just ignored it, like he does everything ELSE in the Constitution!

  • sandraleesmith46

    On this point, Justice Scalia is mistaken. The right of secession from the union was the factor upon which ratification of our Constitution pivoted in the origins of this nation as we once knew it. Lincoln was also wrong in “preserving” the union by conquest; in terms of the Constitution. And we’re more deeply and widely divided now than we were in 1861, before Ft Sumpter was fired upon.

  • Of course a bully and a tyrant would deny its victem the so called right to get away. These people are out of control. They need to be sucking the life out of us like leaches.

  • this is the government way….to promise something,,,,force you to pay for it or go along, and then pull back on their agreement and you no longer have what they promised….but you get to keep paying for it.

  • OldArmy67

    I really want TEXAS to push the envelope on this one and secede legally. Then let Obammy call out all the military stationed in Texas, Oklahoma, AZ etc and see how many lay down their weapons and cross over. It happened before in 1861. Every Union fort in the area was turned over to the Confederates. Robert E. Lee packed his books and went back to Virginia and the rest is history. Pipe dream or can it happen?

  • Musketball

    Scalia is WRONG. It’s a state question, not a presidential or a Supreme Court question for that matter. Just like nullification (10th amendment) is a state mechanism. Judge Napolitano makes it clear:

    http://www.youtube.com/watch?v=UXO9pnVFcyE

  • SFS444

    Its not a matter of them giving the ok, does anyone really think they’re gonna get the go ahead? This is how civil wars and battles for independence start. This is how tyrants are overthrown and I’ll be damned if I let somebody like Obama take my freedom.

  • to justice scumba please show we the people,were it says that in the constitituion,states do not need to petition the federal government,all the have to do,is say were seceding,then secede, better go,your master is calling you ovomit/satan,

  • I don’t think anyone signing the petitions really believe that President Obama is actually going to ALLOW them to secede. It’s more like a vote of NO CONFIDENCE in his administration and in his competency. In many other nations a vote of NO CONFIDENCE is all it takes to dissolve the government, forcing new elections. With all the fraud we were just subjected to, it wouldn’t be a bad idea. However, how do we insure there is no fraud in any NEW elections? THAT is our first priority and we better get it figured out PDQ!

  • Nowhere in the Constitution does it say the states cannot secede. But, in the 10th amendment it says, “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”. Since there is no prohibition to the States or authority to the United States to oppose secession, it is LEGAL for the States to secede. But once Texas becomes “The Republic of Texas” The Union can declare War on The Republic of Texas, just like the Union under Abraham Lincoln did. And they burned the Southern Confederacy to the Ground. Richmond was burned. Atlanta was Burned. Vicksburg was burned. Civilians cattle were stolen and surplus were killed. Grain was taken and surplus was burned. Civilians personal wealth was stolen by soldiers. Gold, Silver, horses, mules, Silverware. Anything of value was stolen. Anyone resisting were murdered. All transportation devices were stolen or burned. Houses, especially plantation mansions were burned. All of what Sherman did and much of what Grant did would now be considered “WAR CRIMES” and the World Court would Try them and Hang them by the Neck until Dead. And Lincoln, because he did what Slo-Bo-Dan Milosevic did would also be Hanged by the Neck Until Dead. So maybe Barry Soetoro (the first ILLEGAL ALIEN President) might also be tried and … too.

  • PS. Mr Honorable Scalia. The Constitution does not Grant the Right to Secede. The States automatically have that Right, unless the Constitution says the States “Do not have that Right”. And it does not say that, anywhere, in direct language. And who knows what Legal Eagle will say, “It is Implied” because I said it was. Sic Semper Tyrannis. The motto of Virginia, home of Robert E. Lee.

  • BillA

    I say any state that wishes to secede from this Bolshevik government of obama – These states should be allowed to do so, The United States Constitution grants states their right to full Sovereignty.