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think there's been some confusion about the word "illegal". It commonly refers to an act that is punishable under criminal law, but the question regarding unilateral secession is whether it's authorized by the Constitution. We commonly refer to unconstitutional actions as "illegal"; perhaps that's insufficiently precise.
I'd say the real question here is whether unilateral secession is permitted by the Constitution. Given that question, the principal of
nulla poena sine lege is irrelevant, since it's not a matter of a criminal law for which violators may be punished.
For example, there is no punishment specified for passing a law that restricts free speech, but any such law is invalid.
Texas V. White clearly expressed the Supreme Court's opinion that unilateral secession was illegal in 1861, when Texas attempted to secede. There is no ambiguity in the Court's ruling. There are valid arguments that the Court's ruling was incorrect, but any such arguments should start with an acknowledgement of what the ruling actually said.”
Putting aside their reasons for wanting to do so and all the emotional responses they would provoke, was the secession of states from the Union to eventually form the Confederacy an illegal act in ...
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