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New cry from some Obama foes: It’s time to secede

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“Every petition that crosses the threshold is reviewed and receives a response,” White House spokesman Matt Lehrich said. “As a rule, we don’t comment on the substance of those responses until they’re issued to the petitioners.”

The would-be secessionists have looked for support to Rep. Ron Paul of Texas, a 2012 Republican presidential candidate and longtime libertarian leader, who has long said states have the right to leave the union.

“It’s very American to talk about secession,” Paul said in an April 2009 YouTube video. “That’s how we came into being — 13 colonies seceded from the British and established a new country. So secession is very much of an American principle.”

Some constitutional law scholars say that while it wouldn’t be impossible for a state to secede, to do so legally would entail highly implausible steps such as gaining ratification of a constitutional amendment or passage of a law redrawing the nation’s boundaries.

“It all boils down to whether the larger country is willing to accept a peaceful withdrawal,” said Sanford Levinson, a law professor at the University of Texas-Austin.

“I think it is a fantasy, but given the history of the United States, secession is not necessarily a laughing matter,” Levinson said. “The Constitution doesn’t specify an answer one way or another. My view is that it’s a close call.”

Akhil Reed Amar, a Yale University law professor, disagrees.

While the Constitution doesn’t directly address secession, Amar said, the founding document makes it clear in a half-dozen clauses that such a move is banned and would be tantamount to treason.

Amar said the most important provision, known as the Supremacy Clause in Article 6, makes clear the authority of the Constitution, along with federal laws and treaties, over “anything in the constitution or laws of any state.”

“What the Constitution says repeatedly is once you’re in (as a state), you’re in,” Amar said. “If people want to secede, they are allowed to leave, they just can’t take the land and the water with them. There is a lawful way to secede — it’s called emigration. They can move to Canada.”

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