is it illegal to advocate secession?

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By slideman
21 Feb 2023 7:14 pm in No Holds Barred Political Forum
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ConsRule
22 Feb 2023 7:41 am
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Phelix_Dacat » 21 Feb 2023, 9:06 pm » wrote: Over 150 years ago the US Supreme Court, in Texas v. White, proclaimed you're full of **** and a total idiot, as well as a degenerate liar, too.
If you recall, old SCOTUS rulings can be overturned, especially one that was primarily about debt and not about the authority of a state to secede.  Since neither of us were present for oral arguments in that case, we don't know what arguments were made.

The position I have seen presented that, Constitutionally, secession is a matter left to the states is fairly simple.  The US Constitution, in Article IV, Section 3, places the authority for admitting a new state into the union with Congress.  However, nowhere in the Constitution, is there mention of a state voting to secede from the union nor does the Constitution lay out a process for secession.  Thus, the 10th Amendment becomes very important.  Just in case you don't recall, or are too lazy to look it up, that Amendment 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."

The position that the "Southern States" did not (and could not) secede was a political one.  If Lincoln, or Congress, publicly recognized the secessions of those states a much more complicated and time consuming process would have been needed to bring the country back together and start repairing the destruction caused be the war.  It was not a decision made based on the Constitution or existing US law.

 
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Taipan
22 Feb 2023 7:51 am
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Cannonpointer » 22 Feb 2023, 8:22 am » wrote: No.
 
Leaving Britain was not overthrowing Britain. 

It's still there.

Texit  =  Brexit.

We are not going to shoot anybody.
We just want to branch off of the main Wagon Train and journey forward on our own.
We are very independent and we are rugged individualists.

TNM.
Texas Nationalist Movement.
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Cannonpointer
22 Feb 2023 8:09 am
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98% Macho Man
98% Macho Man
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Taipan » 22 Feb 2023, 8:51 am » wrote: Texit  =  Brexit.

We are not going to shoot anybody.
We just want to branch off of the main Wagon Train and journey forward on our own.
We are very independent and we are rugged individualists.

TNM.
Texas Nationalist Movement.
You don't live in Texas, ***.
You were not born in Texas, ***.
You were not raised in Texas, ***. ​​​​​​​
When you complain, ur friends roll their eyes and ur enemies rejoice

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Skans
22 Feb 2023 8:16 am
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slideman » 21 Feb 2023, 8:15 pm » wrote: We have this law which makes it seem like it could be so huh

2385. Advocating overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
Once again, Slideman, your interpretation of that old law (old anti-Communism law) is wrong.  The Supreme Court has weighed in.  The essential question is whether those to whom the advocacy to overthrow the government is addressed were urged to do something, now or at a time-certain in the future, rather than merely to believe in something.

You have a weak understanding of how these snippets of old laws interplay with the U.S. Constitution.

 
 
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Taipan
22 Feb 2023 8:40 am
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Cannonpointer » 22 Feb 2023, 9:09 am » wrote: You don't live in Texas, ***.
You were not born in Texas, ***.
You were not raised in Texas, ***. 
Sir,
Paleese,.......stop embarrassing yourself.
17ac. waterfront property on the Rio Grande River. (I paid cash on the barrel-head).
10mi. downriver from Eagle Pass.           Prettiest spot in Maverick County.
Borderline with the Kickapoo Indian Nation. (goggle-up)
The name of my little ranch?      "Sierra Landing". (boat-ramp & boat-dock).
On a daily basis, I carried a .357magnum 6 " Stainless-Steel Colt Anaconda.
My Golden Retriever was named "Ringo".
​​​​​​​
I live down there with my pretty Mexican wife.
Ana Maria was prettier than Salma Hayek (& that is a hard mt. to climb).
10yrs.       It was the best chapter of my life !! 
George Bush, Ted Cruz, & I are Texas land owners.
I am a cowboy at heart.......& a 'professional adventurer'.
For the right price, boy.......I will teach you how to ride a horse.                     
:)  
https://youtu.be/7oJ6sbYRSmw
 
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