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> It's surprising the extent to which legal scholars assume that state exits from the Union are a settled question. Ultimately, it's unlikely that the federal
by tablespoon 4y ago
> It's surprising the extent to which legal scholars assume that state exits from the Union are a settled question. Ultimately, it's unlikely that the federal government would or even could force a state into compliance once the state government and courts have opted to treat state law as taking precedence above federal law.
That's an interesting Taiwan-ish model for succession. It probably has a better chance of success than the kind of outright succession the Confederacy tried, because it could be conducted slowly while still paying lip service to the Union. At each small step, military intervention might seem like too extreme of an escalation.
Though it still would be difficult. At some point it would require the state citizens to start breaking federal laws in very obvious ways (e.g. stop paying federal taxes), but I doubt they'd be fine with not crossing state lines in that case. Also a lot of the money in state budgets pass through the federal government, so it would probably be really expensive to replace that without some of the more extreme steps.
- lumost 4y agoEven in an extreme political separation, the integration and infrastructure of the Union is a utility for the vast majority of Americans. Californian's may want to secede, but they'll probably want to keep the Dollar and maintain a unified navy with the rest of the US. Few would be interested in the friction of having to go through customs within the US either. While we're at it.. centralized infrastructure projects are pretty useful - does anyone want 50 different highway systems?
- native_samples 4y agoEr, incompatible highway systems aren't really a thing even across borders. At most there are border checkpoints but it's not like the roads themselves can't be joined together. The lone exception is islands like the UK where people drive on the other side, and water marks the demarcation point.