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There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.

 
SeekWisdom
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11/13/2012 05:01 PM

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There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
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:

Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.[...]

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O’Connor) with this request:

I’m a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue. My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I’m sure you’ll find the story very entertaining.

And what did Justice Scalia say? Pretty much that not only could Maine not secede (ironically enough, Maine is one of the three states that has no secession petition on the White House website), but the question is so firmly settled that it could not even get a hearing before the Supreme Court, because the United States government would refuse to entertain it:

I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. 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. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”) Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.

I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay.

[link to www.theblaze.com]
"The lips of wisdom are closed, except to the ears of Understanding"

A question that sometimes drives me hazy: am I or are the others crazy?
Albert Einstein

Get over here!- Scorpion
SeekWisdom (OP)

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11/13/2012 05:06 PM

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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
So that's the answer from your goverment.

militia
"The lips of wisdom are closed, except to the ears of Understanding"

A question that sometimes drives me hazy: am I or are the others crazy?
Albert Einstein

Get over here!- Scorpion
SeekWisdom (OP)

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11/13/2012 05:09 PM

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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
Apparently, you can't sue the US gov without it's permission. Too bad all of us don't have that right or lawyers would be out of a job!
"The lips of wisdom are closed, except to the ears of Understanding"

A question that sometimes drives me hazy: am I or are the others crazy?
Albert Einstein

Get over here!- Scorpion
Anonymous Coward
User ID: 26295520
United States
11/13/2012 05:53 PM
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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
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:

Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.[...]

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O’Connor) with this request:

I’m a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue. My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I’m sure you’ll find the story very entertaining.

And what did Justice Scalia say? Pretty much that not only could Maine not secede (ironically enough, Maine is one of the three states that has no secession petition on the White House website), but the question is so firmly settled that it could not even get a hearing before the Supreme Court, because the United States government would refuse to entertain it:

I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. 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. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”) Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.

I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay.

[link to www.theblaze.com]
 Quoting: SeekWisdom


maybe for all other states except Texas.
SeekWisdom (OP)

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11/13/2012 10:46 PM

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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
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:

Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.[...]

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O’Connor) with this request:

I’m a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue. My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I’m sure you’ll find the story very entertaining.

And what did Justice Scalia say? Pretty much that not only could Maine not secede (ironically enough, Maine is one of the three states that has no secession petition on the White House website), but the question is so firmly settled that it could not even get a hearing before the Supreme Court, because the United States government would refuse to entertain it:

I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. 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. (Hence, in the Pledge of Allegiance, “one Nation, indivisible.”) Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.

I am sure that poetic license can overcome all that — but you do not need legal advice for that. Good luck with your screenplay.

[link to www.theblaze.com]
 Quoting: SeekWisdom


maybe for all other states except Texas.
 Quoting: Anonymous Coward 26295520


just need one domino to start it all.
"The lips of wisdom are closed, except to the ears of Understanding"

A question that sometimes drives me hazy: am I or are the others crazy?
Albert Einstein

Get over here!- Scorpion
Saddletramp
We Don't Rent Pigs...

User ID: 736749
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11/13/2012 10:49 PM

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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
There is always the "Right" to Secede, to seperate from corrupt and tyrannical governments...The question is, is there the will to do so?!?!?
"And how can a man die better than facing fearful odds, for the ashes of his fathers, and the temples of his Gods..." ~ Horatius

"Because he told the truth, and once you've heard the truth, everything else is just cheap whiskey..."
Anonymous Coward
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11/13/2012 10:51 PM
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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
There is always the "Right" to Secede, to seperate from corrupt and tyrannical governments...The question is, is there the will to do so?!?!?
 Quoting: Saddletramp


resist
Anonymous Coward
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11/13/2012 11:12 PM
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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
I think secession is the dumbest thing I've ever heard, but as to a "right," do you think George III considered the colonies as having a right to their secession?

Doubt it. They just did it anyway. The only rights you have are those you say you have and are able to back up.
SeekWisdom (OP)

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11/14/2012 01:32 PM

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Re: There is no right to secede. See the letter where Justice Scalia shoots down idea of leaving the union.
I think secession is the dumbest thing I've ever heard, but as to a "right," do you think George III considered the colonies as having a right to their secession?

Doubt it. They just did it anyway. The only rights you have are those you say you have and are able to back up.
 Quoting: Anonymous Coward 1935925


Damn right,well said!

bump
"The lips of wisdom are closed, except to the ears of Understanding"

A question that sometimes drives me hazy: am I or are the others crazy?
Albert Einstein

Get over here!- Scorpion

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