OP, did you know that some states have more legal support to secede than others?
For instance:
Texas - This is because Texas has been an independent nation before. After winning its independence from Mexico and prior to becoming a state, it was the Republic of Texas (1836-1845).
Kentucky - This is because (1) Kentucky is organizaed as a Commonwealth, a state in which the supreme power is held by the people (2) the Kentucky State Legislature passed what are called the Kentucky Resolutions of 1798 and 1799 which were written by Thomas Jefferson. Both Resolutions make it clear that the federal government derives its power from the states and not vice versa. The Kentucky Resolution of 1798 relied on the Bill of Rights to spell out the argument that the federal government had no right to exercise powers not delegated to it by the Constitution. The Kentucky Resolution of 1799 declared that the states could nullify objectionable federal laws.
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Virginia - This is because (1) Virginia is organized as a Commonwealth, a state in which the supreme power is held by the people (2) the Virginia General Assembly passed what are called the Virginia Resolutions of 1798 and 1799 which were written by James Madison in collaboration with Thomas Jefferson. Both were later considered the first notable statements of the states' rights doctrine. Both Resolutions make it clear that states rights preceded and, thus, supercede the rights of the federal government.
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link to www.lexrex.com]
Massachusetts - This is because Massachusetts is organized as a Commonwealth, a state in which the supreme power is held by the people.
Pennsylvannia - This is because Pennsylvania is organized as a Commonwealth, a state in which the supreme power is held by the people.
It is also clear that the 13 original American colonies whose people declared their independence from Great Britain each preceded the existance of the political entity known as the United States of America. Thus, the following states (or commonwealths) have more precedence for session than the rest of the states: Connecticut, Delaware, Georgia, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, South Carolina, Pennsylvania, Rhode Island and Virginia. Note that all of Kentucky was originally only part of Augusta County, Virginia.
Here is an excerpt from the Kentucky Resolutions of 1798:
Resolved, That
the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that,
by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers,
reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact
each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
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link to www.lexrex.com]