Originally Posted by Sailor Steve
Where, exactly? One of the biggest thorns in the side of the Constitutional Convention was the question of State Sovereignty, and it was never properly resolved. As to the question of secession, Thomas Jefferson and James Madison believed it was legal, though Madison councilled against it.
"We are determined to...sever ourselves from that union we so much value, rather than to give up the rights of self-government which we have reserved, and in which alone we see liberty, safety and happiness."
-Thomas Jefferson to James Madison, August 23, 1799, regarding the Alien and Sedition Acts.
"We should never think of separation except for repeated and enormous violations..."
-Madison's reply; showing that they both thought of it as acceptable in the right circumstances.
Not precisely. The preamble to the Articles describes the Union as "perpetual", but Article 2 says "Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled" and Article 3 describes the whole thing as "a firm league of friendship with each other".
As to Texas v. White, Chief Justice Chase made an interesting reach in his comments on Article 4 of The Constitution, granting, to my mind at least, powers to Congress that are not explicit in the Article. But the Supreme Court made their decision, and it is binding, at least until overturned by a later court, which has happened more than once.
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