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Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:29PM (#7463130)
> Given that Obama recently declared all secession movements illegitimate (except those supported by the US Government, of course) it’s unknown how much support Venice can expect from the international community.

What? Obama is clearly off track here. The right to secede is in the American constitution from its very beginning. Any State in the US can decide to become independent if their population really wants to. Whether it makes sense is another story, but it certainly would not regarded as illegitimate.

Re:Venice votes 89% to secede from Italy by hristov on Monday March 24, 2014 @09:47PM (#7463212)
There is nothing in the US constitution that actually allows secession. Some people try to imply a right to secede from the declaration of independence or from the history of the US (i.e., the revolutionary war) but there is not actual text in the US constitution that gives anyone the right to secede.

If you disagree, please provide a quote.

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:58PM (#7463272)
> There is nothing in the US constitution that actually allows secession

True, but there is nothing that forbids it either explicitly. And I could argue that from the History of the US, of how they were formed, and the Declaration of Independence, Secession is very much considered to be a cultural Right.

Even Lincoln said that:

> Any people, anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right which we hope and believe is to liberate the world.

This is further observed by foreign observers such as Tocqueville after the US were established:

> The Union was formed by the voluntary agreement of the States; and in uniting together they have not forfeited their nationality, nor have they been reduced to the condition of one and the same people. If one of the States choose to withdraw from the compact, it would be difficult to disprove its right of doing so, and the Federal Government would have no means of maintaining its claims directly either by force or right.

Re:Venice votes 89% to secede from Italy by mpyne on Monday March 24, 2014 @10:21PM (#7463379)
The actual written Constitution has far more text about handling the cases of treason, rebellion, and domestic violence than it does about individual states seceding.

And if you would read the Declaration of Independence you'd see that the "tyranny test" (such as one was ever conceived in American jurisprudence) is very strict indeed. Even from the first days of the American Revolutionary War we were claiming that the government deserved a great deal of "benefit of the doubt" and that it would take a very severe set of circumstances to cast off a government.

Re:Venice votes 89% to secede from Italy by chrismcb on Monday March 24, 2014 @10:15PM (#7463342)
There is nothing in the Constitution that forces a state to remain part of the United States. so... "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" Sounds like the gives the States the right to secede.
Re:Venice votes 89% to secede from Italy by spc476 on Monday March 24, 2014 @11:34PM (#7463663)
You are correct that there is nothing in the US Constitution that allows secession. Nor anything that disallows it. And the last time it was seriously tested in the 1860s, the results were pretty horrible (it's still the worst war in terms of casualties the US has ever had).
Re:Venice votes 89% to secede from Italy by maaku on Monday March 24, 2014 @09:38PM (#7463167)
> The right to secede is in the American constitution from its very beginning. Any State in the US can decide to become independent if their population really wants to. Whether it makes sense is another story, but it certainly would not regarded as illegitimate.

I'm pretty sure Lincoln would argue with you there.

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:46PM (#7463207)
As I said below in another comment, Lincoln did not recognize the Right to secede, but that was heavily debated at the time of the Civil War (and still is). War does not make things Right by itself - it's just like forcing your view with a gun.

EDIT: this is directly from the Declaration of Independence:

> whenever any form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it, and to institute new government

Note the any form of government.

Re:Venice votes 89% to secede from Italy by jordanb on Monday March 24, 2014 @09:53PM (#7463246)
The Civil War established the precedent that if a state wants to leave the Union it's going to have to fight its way out.
Re:Venice votes 89% to secede from Italy by jessaustin on Monday March 24, 2014 @10:13PM (#7463331)
Is it a "precedent" if it happened once, 150 years ago? No current USA general would send troops against any area of the USA that held a proper referendum to secede. If one did, few current USA soldiers would follow such unlawful orders. We're more civilized than that, now.
Re:Venice votes 89% to secede from Italy by saalweachter on Monday March 24, 2014 @10:40PM (#7463454)
I don't know, I think the opening of the Civil War could be replayed quite accurately in the modern-day America. The opening shots of the Civil War weren't Lincoln's troops firing on civilians in a random Rebel town, it was Rebel troops firing on a Union fortification which refused to evacuate.

I think this is exactly what would happen in the modern day.

Re:Venice votes 89% to secede from Italy by jessaustin on Monday March 24, 2014 @10:54PM (#7463514)
"Proper" referendums don't include shooting. Certainly, violence against a military installation will be met with overwhelming violence in return. That's why we'll hold a referendum: to avoid all that. If the soldiers want to hang out in their base that happens to be stuck in the middle of Lesser Midwesternia, that's cool. If they get bored and go home, that will be cool too.
Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @11:09PM (#7463567)
I'm not sure if it's a question of how civilized people are, but I get the feeling that the key reason why a certain number of people do not want Gun Control in the US, is precisely because they want to have access to weapons and resist, should the Federal Government turn tyrannic one day.
Re:Venice votes 89% to secede from Italy by jessaustin on Tuesday March 25, 2014 @07:01PM (#7469925)
Yeah I've heard this explanation as well. It calls to mind Schneier's admonition against "movie plot threats". The reason to have firearms is not to counter any specific threat. We arm ourselves, rather, in order to respond effectively to a wide variety of potential situations. Among those, the "rogue federal government" threat isn't more than a rounding error, in the USA, for the foreseeable future.
Re:Venice votes 89% to secede from Italy by mpyne on Monday March 24, 2014 @10:12PM (#7463324)
Or at the very least, not do so unilaterally. It's possible to imagine adopting something like the Constitutional amendment procedures to allow the nation to "cast off" a state that wished to be independent.

But what is not going to happen is that a state gets to take it's ball and go home just because the nation had the sheer audacity to vote for the wrong President.

Re:Venice votes 89% to secede from Italy by jessaustin on Monday March 24, 2014 @10:59PM (#7463534)
...the wrong President.

Which one are we talking about? Frankly, all the ones I've had the misfortune of living through, blur together for me. It's not like any of them have had any different policies. How could they, possibly?

If any area secedes, it might be because of "The President", but it won't be due to any particular one.

Re:Venice votes 89% to secede from Italy by saalweachter on Monday March 24, 2014 @11:44PM (#7463689)
I believe this is a reference to Lincoln; the election of 1860 is frequently cited as one of the triggers for the secession of South Carolina shortly thereafter.
Re:Venice votes 89% to secede from Italy by mpyne on Monday March 24, 2014 @10:43PM (#7463467)
I think you skipped over the part where the government also had to be "destructive of the ends for which it was established".

I.e. not mere "wah wah the government raised my taxes" but actually despotic, as Jefferson explains in the rest of the Declaration of Independence.

Re:Venice votes 89% to secede from Italy by gamblor956 on Monday March 24, 2014 @09:39PM (#7463169)
The constitution did not give states the right to secede. Please stop spouting this nonsense before you embarrass yourself further.
Re:Venice votes 89% to secede from Italy by trhway on Monday March 24, 2014 @09:51PM (#7463237)
>The constitution did not give states the right to secede.

the right to secede is, unfortunately, given or taken by force only. As US Revolution and Civil War, or Kosovo or Crimea among others show.

Re:Venice votes 89% to secede from Italy by impy on Monday March 24, 2014 @10:17PM (#7463350)
No. Montenegro seceded peacefully from Serbia. Czechoslovakia dissolved into two parts peacefully (no seceding, but close enough). Finland seceded peacefully from Russia. Amongst others...
Re:Venice votes 89% to secede from Italy by rsynnott on Monday March 24, 2014 @10:40PM (#7463455)
And then, of course, there's the former Soviet Union...

Most African decolonisation was also peaceful.

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @11:15PM (#7463588)
India's decolonization was also mostly peaceful. What was not peaceful in India was the post-independence separation between Pakistan and India.
Re:Venice votes 89% to secede from Italy by trhway on Tuesday March 25, 2014 @01:01AM (#7463924)
pretty much all of these cases were "crumbling/dissolution of empire" or similar. I.e. an opportunity presented by dramatic shift in force balance when dominating force is weakened and thus couldn't stop the process. It wasn't a result of a process legitimate according to the laws at that moment in that geography. And that is exactly my point (it wasn't about peacefulness - if you have obviously prevailing force, the things have good chances to happen peacefully, like in case of Crimea :). It is always about force. Laws, like always, follow the force and legitimaze the separation after the fact.
Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:43PM (#7463188)
Well the American States were BORN from the right to secede from the English Crown, and they clearly kept that Right in their constitution before of their very History on that matter.
Re:Venice votes 89% to secede from Italy by mpyne on Monday March 24, 2014 @10:14PM (#7463336)
In the eyes of the colonists the separation happened in London, not in the colonies. The fighting started because they wanted "their rights as Englishmen" and nothing more.

There's a reason the Declaration of Independence happened more than a year after the first spurts of military action (and was very controversial in the colonies even then).

Re:Venice votes 89% to secede from Italy by tptacek on Tuesday March 25, 2014 @01:40AM (#7464070)
This comment would have been stronger without the second sentence.
Re:Venice votes 89% to secede from Italy by untog on Monday March 24, 2014 @09:42PM (#7463180)
What? Obama is clearly off track here.

No, the article is pretty clearly off track. Obama hardly said that all secession movements are illegitimate. He said that the secession vote in the Crimea was illegitimate.

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:47PM (#7463216)
Well, on what grounds would he say that it is illegitimate? The UN principles (ratified by the US as well) say that they recognize the Right of people to be governed by themselves. And this is the basis of the creation of many smaller countries after WW2.
Re:Venice votes 89% to secede from Italy by cperciva on Monday March 24, 2014 @09:54PM (#7463250)
I think the claims of illegitimacy had something to do with the fact that the vote took place under a military occupation.
Re:Venice votes 89% to secede from Italy by flycaliguy on Monday March 24, 2014 @09:57PM (#7463260)
From Wikipedia

"The available choices did not include keeping the status quo of Crimea and Sevastopol as they were at the moment the referendum was held. Many Western and Ukrainian commentators argued that both choices would result in de facto separation from Ukraine."

Re:Venice votes 89% to secede from Italy by mjn on Monday March 24, 2014 @10:03PM (#7463292)
Under those principles, significant parts of Israel have the right to secede. Will the international community support the secession of East Jerusalem? So far as I can discern, the governing principles are more complex than just identifying a territory which will give majority support to a separation vote.
Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @10:54PM (#7463513)
> the governing principles are more complex than just identifying a territory which will give majority support to a separation vote.

Certainly, I'm not saying it's simple. I'm just saying that it should not be called illegitimate, because even if it's not feasible technically speaking, it would still be legitimate based on UN principles.

Re:Venice votes 89% to secede from Italy by balladeer on Monday March 24, 2014 @09:48PM (#7463219)
That's what the commenter said: "..except those supported by the US Government, of course.."
Re:Venice votes 89% to secede from Italy by anigbrowl on Monday March 24, 2014 @09:42PM (#7463186)
Well there's no way that the writer would ever misrepresent Obama's position with a little hyperbole, is there. the article is of course referring to US condemnation of the sham vote in Crimea. Also, I would like you to show me where the Constitution talks about secession.
Re:Venice votes 89% to secede from Italy by trhway on Monday March 24, 2014 @10:04PM (#7463297)
> the sham vote in Crimea

If you knew the history of this region (or at least last 20+ years) you'd not spent any effort typing the word "sham". Decorating the vote with all the bell and whistles that would supposedly make the vote "legitimate" (as if anything could make such a vote "legitimate" in the western eyes :) would change nothing in the vote's result, so Putin just didn't bother.

http://en.wikipedia.org/wiki/President_of_Crimea (very democratic elections result of which was nixed by Ukrainian troops an year later :)

Don't get me wrong, i don't support the annexation. My point here is that trying to play the "sham" card leads nowhere in that situation because it is immaterial.

Re:Venice votes 89% to secede from Italy by anigbrowl on Tuesday March 25, 2014 @01:18AM (#7463975)
I see the point you're making, and I actually think that Crimea ought to be part of Russia if they want to. I feel like Putin overplayed his hand; if they'd stuck with the original notion of having a vote in late April or a bit later (so that there'd be time for both sides to campaign properly) then I think he'd have got the result he wanted anyway. Sending in unmarked troops and then playing dumb about where they got the Russian uniforms was a move less befitting a statesman than a cartoon villain. Not that he cares what I think of him :)
Re:Venice votes 89% to secede from Italy by trhway on Tuesday March 25, 2014 @03:14AM (#7464369)
>Sending in unmarked troops and then playing dumb about where they got the Russian uniforms was a move less befitting a statesman than a cartoon villain. Not that he cares what I think of him :)

exactly. He plays for internal market. And internal audience eats him. 25 years ago, back in USSR, we laughed watching a criminal asking Arnold in Red Heat "Kakie vashi dokazatelstva?" (what are your evidences?) Western mentality is so logical, evidences-shmevidences :) Such an easy target for a showman in Russia performing for Russian audience...

Re:Venice votes 89% to secede from Italy by tptacek on Tuesday March 25, 2014 @01:34AM (#7464044)
Re:Venice votes 89% to secede from Italy by trhway on Tuesday March 25, 2014 @02:57AM (#7464318)
man, this is former USSR. Everybody understands the point of choice between 2 alternatives like:

"Yes, i want to be in Russia"

and

"No, i want to be in Russia"

and that point is that it doesn't matter. You come to the polls, you don't come to the polls - it wouldn't change anything, including the poll results to the 7th digit after the point :) (i'm not saying that this referendum results was cheating - it just happened that no need to cheat here, though Putin wouldn't have any issue with cheating if it was needed - again it just doesn't matter, 90% or whatever would be in any case) It just makes an overall gray routine just a little bit fun.

Re:Venice votes 89% to secede from Italy by mixmastamyk on Monday March 24, 2014 @09:31PM (#7463140)
The civil war comes to mind.

However, I do wish there were a US state separated from the federal government.

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:33PM (#7463151)
The civil war was unlawful. Lincoln was against the secession and waged war against the States which were in their Right from the beginning. It's not because Lincoln's side won that it made it right.
Re:Venice votes 89% to secede from Italy by mpyne on Monday March 24, 2014 @10:36PM (#7463441)
The secessions were unlawful. After all, when the Northern states were compelled to return fugitive slaves to the South, that was done on the basis of text in the Constitution that was binding on all of the states (namely, about returning those fleeing from bondage to their masters).

In fact the Constitution included many regulations and prohibitions regarding the power of individual states, so it can't be claimed that the Constitution wasn't the ultimate arbiter of power within the federal framework of government.

So with that in mind a unilateral decision by a single state to change the Constitutional government for all of the states can hardly have been legal. And even the parts of the Constitution talking about the territorial integrity of a single state all include the clause the Congress must approve the change in addition to the state itself.

If a state really wanted to secede it would have to have come up with some legal procedure at the national level from which to even make that change possible. Probably by using the Constitutional Amendment process (which is, after all, the built-in designed mechanism for altering the federal framework of government).

Re:Venice votes 89% to secede from Italy by stefan_kendall3 on Monday March 24, 2014 @10:53PM (#7463512)
A prisoner does not ask his warden for release. It would take enough hearts and minds to secede, and nothing else.

How it actually happens and whether or not different commenters find it "legal" will not matter. If I deny your jurisdiction and have the military force to defend myself, your laws do not apply to me.

Re:Venice votes 89% to secede from Italy by mpyne on Tuesday March 25, 2014 @01:37PM (#7467388)
> If I deny your jurisdiction and have the military force to defend myself, your laws do not apply to me.

Sure, this is how some sovereign states formed in the first place. But even these were made "legal" under international jurisprudence.

Don't confuse exercise of power with legal aspects though. It can certainly be against a nation's laws to secede, and secede anyways if you can prevent the state from effectively exercising power (e.g. Algeria in the 1950s). But that didn't make it "legal", either under domestic or international law.

Even in international law if you want to secede you have to form a separate state, have it exercise effective control over a territory, and do so long enough to have "enough" other nations recognize that control. If you can do that then it doesn't matter what your parent nation's domestic laws were, but until you can do that it's shaky legal ground indeed.

Re:Venice votes 89% to secede from Italy by spc476 on Monday March 24, 2014 @11:52PM (#7463710)
Citations please. Slavery is only mentioned twice in the Constitution, and then, it's Amendments 13 and 14 (passed after the end of the Civil War). Restrictions of power towards the several states is spelled out in Article I, section 10 (three paragraphs) and Article IV, with a clarification in Amendment X ("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.").

There is nothing in the Constitution about secession (including the Amendments).

Re:Venice votes 89% to secede from Italy by mpyne on Tuesday March 25, 2014 @01:33PM (#7467353)
I'm surprised you managed to make it to Article IV without finding the citation which you seek. I'll quote Art. IV, §2:

"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."

This clause was made null and void by the Thirteenth Amendment that you've mentioned, which further makes me wonder...

Anyways, the word "slavery" was deliberately not used by the Framers, as even at that time the concept was morally distasteful, so the Framers talked around the issue by referring to "Service" and "Party" instead of "slave" and "master".

You also missed the part in the Constitution where importation of slaves could not be forbidden until 1808 (Art. I, §9).

Re:Venice votes 89% to secede from Italy by mixmastamyk on Monday March 24, 2014 @09:40PM (#7463174)
I'm not passing judgment... the reality is likely that Washington wouldn't allow it.
Re:Venice votes 89% to secede from Italy by EGreg on Monday March 24, 2014 @10:00PM (#7463275)
I think you mean Declaration of Independence

When in the course of human affairs, it becomes necessary...

Re:Venice votes 89% to secede from Italy by ryanwhitney on Monday March 24, 2014 @09:35PM (#7463158)
> Given that Obama recently declared all secession movements illegitimate…

Source for this?

Re:Venice votes 89% to secede from Italy by ekianjo on Monday March 24, 2014 @09:37PM (#7463164)
Re:Venice votes 89% to secede from Italy by jessaustin on Monday March 24, 2014 @09:43PM (#7463193)
It doesn't take more than a click to see that passage in TFA.
Re:Venice votes 89% to secede from Italy by ryanwhitney on Monday March 24, 2014 @09:49PM (#7463221)
TFA = "the fucking article"?

No source there either, if so. And seems quite a leap if only based off the Crimean situation.

Re:Venice votes 89% to secede from Italy by jessaustin on Monday March 24, 2014 @09:58PM (#7463265)
"The fine article", if you prefer. Don't be coy: the statement was obviously a political throwaway line, which needs no source, and is certainly to be expected from mises.org. (If it pissed you off, they win!) It is of course grossly unfair to the President, because there are numerous other areas that he has encouraged to secede.