It's not in the Constitution, which was drafted before Virginia
conditionally agreed to accept same under its, the Virginia convention's, conditions.
If those conditions were unacceptable to the Union, the Union had the right to
reject the acceptance and exclude Virginia. It did not do so, and thereby
accepted Virginia into the Union under the terms and conditions offered by the
Commonwealth, including the right of secession. Basic contract law.
Let's face it, we are a Union just as much based on states being militarily
forced into the association as the former Soviet Union was a union. The
Soviet Union broke up, and it can happen here.
J South
In a message dated 6/30/2008 11:29:06 A.M. Eastern Daylight Time,
[log in to unmask] writes:
WHere in the Constitution does it say any of the states have a right to
withdraw?
Paul Finkelman
President William McKinley Distinguished Professor of Law
and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York 12208-3494
518-445-3386
[log in to unmask]
>>> <[log in to unmask]> 06/30/08 11:22 AM >>>
It is not a unilateral breach of contract if the basis under which one
party
terminates the agreement has been accepted previously by the other party.
That is known as an option, and Virginia reserved the option to opt out of
the
Union should its state delegation vote to do so.
Cf Corbin's Text on Contracts, (Hornbook Series) By Arthur L Corbin
In a message dated 6/30/2008 10:15:22 A.M. Eastern Daylight Time,
[log in to unmask] writes:
It is never possible to unilaterally break a contract or agreement. This
is
especially true with a Constitution. If Va. wanted out Va. need to get a
Constitutional Amendment or at least an act of Congress to end the
relationship. If one party wants out of a marriage there is an obligation
to go get a
divorce; not simply take whatever property he/she can grab and walk out the
door and say Ihave divorced you by my own fiat.
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