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Old 02-17-2010, 06:05 AM
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Default Scalia: "There Is No Right to Secede"

New York Personal Injury Law Blog: Scalia: "There Is No Right to Secede"

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Dan is a screenwriter (whose screenplay Tranquility Base was just named a finalist at the Vail Film Festival, and previously took top honors elsewhere). Back in 2006 he started working on a political farce that had Maine seceding from the United States and joining Canada.

Bro was well ahead of the tea partiers in contemplating impending problems as we racked up massive debt. This doesn't get him an agent or a foot in the door of Hollywood to get his screenplays made into films -- it isn't what you write, but who you know -- but it does make him a prophet of sorts.

So, on a lark, he wrote to each of the 10 Supreme Court justices (including O'Connor) with this request:

I'm a screenwriter in New York City, and am writing to see if you might be willing to assist me in a project that involves a unique constitutional issue.

My latest screenplay is a comedy about Maine seceding from the United States and joining Canada. There are parts of the story that deal with the legality of such an event and, of course, a big showdown in the Supreme Court is part of the story.

At the moment my story is a 12 page treatment. As an architect turned screenwriter, it is fair to say that I come up a bit short in the art of Supreme Court advocacy. If you could spare a few moments on a serious subject that is treated in a comedic way, I would greatly appreciate your thoughts. I'm sure you'll find the story very entertaining.

I told Dan he was nuts. I told him his letter would be placed in the circular file. And then Scalia wrote back. Personally. Explicitly rejecting the right to secede:


Those activists Judges!!!! Now what do the TeaBaggers do?

:D
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Old 02-17-2010, 06:13 AM
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Default Re: Scalia: "There Is No Right to Secede"

Dear Mr. Scalia,

The Pledge of Allegiance is not a binding oath last I checked. Especially when children - who as you know cannot be coerced to enter into contracts with or without their consent - are asked to say it nearly every day as a matter of course for a school day. Neverminding that adults are rarely asked nor are states as an entity.
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Old 02-17-2010, 06:50 AM
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Default Re: Scalia: "There Is No Right to Secede"

All 10 Justices? :confused:
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Old 02-17-2010, 06:54 AM
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Default Re: Scalia: "There Is No Right to Secede"

9 + O'Connor.
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Old 02-17-2010, 06:55 AM
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Default Re: Scalia: "There Is No Right to Secede"

Ah, I'd forgotten she stepped down.
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Old 02-17-2010, 07:08 AM
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Default Re: Scalia: "There Is No Right to Secede"

Call a national convention.

Have representatives from everywhere hole up in a hotel in Des Moines for nine months, or whatever, and come up with a new tool of governance. Sell it by plebiscite in statewide elections in each state. With ratification of 3/4 of the states, we can reset with a whole new set of rules.

Isn't that in the rules? 'Cause that's how they did it last time, only it was in Philly, not Des Moines.
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Old 02-17-2010, 03:00 PM
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Default Re: Scalia: "There Is No Right to Secede"

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Originally Posted by Scalia
Hence, in the Pledge of Allegiance, "one Nation, indivisible."
That's "one Nation, UNDER GOD, indivisible" ya scruffy, sandal wearing, separationist hippie!

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Originally Posted by Scalia
Secondly, I find it difficult to envision who the parties to this lawsuit might be.
Oh, I dunno. Let's suppose some state receives a bunch of United States government-issued bonds as part of a border dispute settlement. State law requires the governor's endorsement to sell the bonds. Later the state secedes. Needing money, the secessionist government sells the bonds to a couple of brokers. After the state gets dragged back into the union at gunpoint, the new state government wants its bonds back and sues the brokers for their return. One of the state's legal arguments is that the secessionist government that sold the bonds was illegitimate, which in turn implicates the legality of secession.

In that case, the parties would be the state as plaintiff and the guys who received the bonds as defendants.

Nah, that's ridiculous. It's not like that ever happened or anything.
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Old 02-17-2010, 09:47 PM
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Default Re: Scalia: "There Is No Right to Secede"

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Originally Posted by Cynical-Chick View Post
All 10 Justices? :confused:
9 + Thomas
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Old 02-18-2010, 05:31 AM
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Default Re: Scalia: "There Is No Right to Secede"

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Originally Posted by BrotherMan View Post
Dear Mr. Scalia,

The Pledge of Allegiance is not a binding oath last I checked. Especially when children - who as you know cannot be coerced to enter into contracts with or without their consent - are asked to say it nearly every day as a matter of course for a school day. Neverminding that adults are rarely asked nor are states as an entity.
Don't forget that it was written by a socialist ... and you know how bad they are!
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Old 02-18-2010, 05:47 AM
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Default Re: Scalia: "There Is No Right to Secede"

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Quote:
Originally Posted by BrotherMan View Post
Dear Mr. Scalia,

The Pledge of Allegiance is not a binding oath last I checked. Especially when children - who as you know cannot be coerced to enter into contracts with or without their consent - are asked to say it nearly every day as a matter of course for a school day. Neverminding that adults are rarely asked nor are states as an entity.
Don't forget that it was written by a socialist ... and you know how bad they are!
Yeah...but he was a minister of God! A BAPTIST, no less!

(...and he didn't put that crap about being "under God" in there; later godless politicians did that.)
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Old 02-18-2010, 10:00 PM
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Default Re: Scalia: "There Is No Right to Secede"

Personally, I think Scalia meant there is no right to succeed.
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Old 04-20-2014, 01:17 AM
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Default Re: Scalia: "There Is No Right to Secede"

Scalia is revolting.
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